[Congressional Record Volume 171, Number 176 (Thursday, October 23, 2025)]
[Senate]
[Pages S7705-S7720]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          LEGISLATIVE SESSION

                                 ______
                                 

 CONTINUING APPROPRIATIONS AND EXTENSIONS ACT, 2026--Motion to Proceed

  Mr. GRASSLEY. Mr. President, on behalf of the majority leader of the 
Senate, I move to proceed to Calendar No. 168, H.R. 5371.
  The PRESIDING OFFICER. The clerk will report the motion.
  The senior assistant executive clerk read as follows:

       Motion to proceed to Calendar No. 168, H.R. 5371, making 
     continuing appropriations and extensions for fiscal year 
     2026, and for other purposes.

  The PRESIDING OFFICER. The Senator from Iowa.


                Department of Health and Human Services

  Mr. GRASSLEY. Mr. President, first of all, I want to compliment the 
Chaplain on each one of his prayers this week. He has made very 
important in his prayers the importance of opening up the government 
and ending the Schumer shutdown.
  I come to the floor today to speak about the Department of Health and 
Human Services inspectors general routinely issuing recommendations to 
improve the operation of healthcare programs and to produce savings for 
the taxpayers.
  Until this year, two very important and top HHS inspectors general 
recommendations were unaddressed, and they should have been addressed 
because these are egregious wastes of taxpayers' moneys. No. 1, the 
report says we should stop duplicative enrollment on two or more State 
Medicaid Programs of individuals and, second, stopping Medicaid 
payments for enrollees who have passed away.
  The tax bill signed by President Trump July 4 puts an end to this 
fraud, waste, and abuse in the Medicaid Program. That legislation 
establishes solutions to stop duplicative enrollments and sending 
payments out for deceased enrollees and providers. Once implemented, I 
hope that these recommendations of the inspectors general are 
satisfied.
  Let me give some examples of reasons why these reforms are necessary. 
In July, the Centers For Medicare and Medicaid Services found 2.8 
million Americans were enrolled in two or more Medicaid or Federal 
marketplace plans.
  It is quite obvious that any enrollee only needs one insurance plan 
for Medicaid--not both--to satisfy their healthcare options.
  Is this duplicative enrollment a new discovery? No. Previously, the 
HHS inspector general has found that nearly all States have paid 
managed care insurance companies for enrollees who were enrolled in two 
different State Medicaid Programs.
  In another example, in August, a Louisiana Medicaid Program audit

[[Page S7706]]

found that $9.6 million were paid out for deceased enrollees in that 
Medicaid Program.
  In other words, showing how stupid it is to pay for healthcare for 
people who have died. Now, do you happen to think that Louisiana is an 
isolated incident? It is not an isolated incident. In the past decade, 
the HHS inspector general has uncovered similar fraudulent payments 
paid out for deceased enrollees in at least 17 States.
  In addition, State Medicaid Programs have been uncovering fraud but, 
at the same time, failing to return the correct refund to the Federal 
Government.
  Last year, four States were fined by the HHS inspector general for 
failing to report and return Federal Medicaid overpayments. Using the 
resources established in the 2025 tax bill, we will put a stop to this 
and save taxpayers over $24 billion over 10 years.
  While this action might seem like common sense, you have heard me say 
so often that Washington, DC, is an island surrounded by reality. But 
now duplicative enrollment payments for deceased enrollees and failing 
to return Federal money correctly is a stiff to the taxpayers every 
time it happens.
  With these savings, we can protect Medicaid resources for the reason 
that Medicaid was set up, to help vulnerable Americans like the 
disabled, like the elderly, like pregnant women, like children, and 
many more groups of people you can name.
  So common sense will now prevail as a result of the changes that the 
Congress has made in that 2025 tax bill that Congress passed and the 
President signed on July 4.
  I yield the floor.


                   Recognition of the Majority Leader

  The PRESIDING OFFICER. The majority leader is recognized.


                           Government Funding

  Mr. THUNE. Mr. President, there was a time when Democrats opposed 
government shutdowns. And not just opposed, Democrats were critical of 
holding government funding hostage to political demands.
  Our Democratic colleague from Michigan said that funding the 
government is ``Congress' most basic responsibility.''
  The senior Senator from Massachusetts, a leading Democrat, said:

       The least we can do--the bare minimum that we can do--would 
     be to pass a ``continuing resolution'' to keep the doors open 
     and the lights on.

  And the Democrat leader, just last year, described the ``chaos and 
pain and needless heartache'' that a shutdown brings to American 
families.
  So what has changed? Why are Democrats, in 2025, suddenly comfortable 
shutting down the government, subjecting Americans to all that chaos, 
pain, and heartache that the Democrat leader described? Why did 
Democrats instigate the longest full government shutdown in history?
  Well, they would like you to believe it is about healthcare. It is 
not. Republicans have been perfectly clear that we are willing to have 
a discussion about healthcare, just not while government funding is 
being held hostage--and all the Federal employees that come with that.
  So if this were really about healthcare, Democrats would be voting in 
favor of the clean CR as the quickest way to open the government and 
start the discussions.
  But that is not where we are, and that is because what is really 
driving Democrats isn't healthcare. It is not a desire for 
negotiations. It is politics and far-left activists who demanded a 
showdown with President Trump.
  The real reason we are now in the longest full government shutdown in 
history is because Democrats are afraid of backlash from the far left 
if they stand down. One Democrat Senator was quoted this week saying:

       ``People are going to get hammered'' if they vote for the 
     House-passed bill to reopen the government and keep it funded 
     through Nov. 21.

  ``People are going to get hammered'' if they vote for the clean 
continuing resolution. That is from a Democrat Senator--hammered by 
outside groups, hammered by leftwing political activists.
  Or take it from one of the organizers of Saturday's No Kings rally, 
who said:

       I'm telling every elected I talk to:--

  That is every elected official that I talked to--

     millions will be out cheering you on, or they'll be calling 
     for new leadership.

  Democrats are keeping the government shut down because they are 
scared--scared of a primary from the left, scared of losing fundraising 
dollars, scared that the far left will punish them if they don't appear 
to be fighting President Trump hard enough.
  Unfortunately, Democrats' political games are having real 
consequences. Airport tower staffing shortages have caused thousands--
thousands--of flight delays nationwide. Medicare patients and people in 
rural areas are dealing with the elimination of telehealth services. 
Military families have turned to food banks in ``unprecedented'' 
numbers.
  And things are about to get worse. The nutrition assistance programs 
that millions of Americans depend on to feed their families are in 
jeopardy.
  And, tomorrow, Federal workers will miss a full paycheck because of 
the Democrat shutdown. That is right. Tomorrow, Federal workers will 
miss a full paycheck, thanks to Senate Democrats.
  Republicans want to do something about this. We would love to pass 
the clean, continuing, nonpartisan resolution, which would pay 
everyone. It passed the House a long time ago. We have voted on it 12 
times here now. They continue, with three exceptions, to block-vote 
against it. Twelve times now, Democrats have blocked just paying our 
Federal employees.
  It is Federal employees all throughout the Federal workforce, which 
literally is millions of Americans. But it is people right here. People 
in this Chamber, people in this building had to stay here the night 
before last, all night--all night--to listen to some Democrats drone 
on. One Democrat Senator read the same poem four times.
  They were here all night, not getting paid. Three hundred thirty-
five, exactly, Federal employees, in this building, had to stay here 
all night, work through the night and into the next day, so they could 
make some campaign political speech or point, in the middle of the 
night, that nobody is listening to, obviously--which is why, I guess, 
you read the same poem four times--four different times--reading from 
books, while the people sitting here, doing the work, aren't getting 
paid.
  And so, today, we are going to have a vote on Senator Ron Johnson's 
bill that would guarantee pay for Federal employees who are working 
through the shutdown. The 335 people who had to be here, the night 
before last, to listen to that--they would finally get paid. It is also 
people like air traffic controllers, TSA agents, park rangers, Federal 
law enforcement, ICE, Border Patrol--people putting their lives at risk 
to keep Americans safe.
  So we will see what Democrats do. Do they think people that are 
working ought to get paid?
  Well, to date, Democrats have rejected every opportunity they have 
been given to put the American people ahead of their far-left base.
  As I said, they have rejected a clean CR now 12 times--a CR, 
continuing resolution--that would fund the government until November 21 
to give us time to finish the appropriations process, a clean CR, a CR 
that has no partisan riders, no policy gimmicks that came over from the 
House, just clean, fund the government straight up. It is sitting right 
here at the desk of the U.S. Senate.
  Five Democrats could help us pass it today. We could send it to the 
President; he would sign it into law; the government opens up; and all 
the people here and across our Federal Government would get paid.
  Last week, Democrats blocked the bipartisan Defense appropriations 
bill that would have paid our troops. It came out of the Senate 
Appropriations Committee by a vote of 26 to 3, very bipartisan on the 
floor. It should have been. It usually is. It usually gets 80-plus 
votes on the floor of the Senate, but they blocked it. It would have 
paid our troops, the Defense appropriations bill.
  So today, we are going to have another opportunity to show whether 
they stand on the side of hard-working Americans or remain beholden to 
their far-left base. We heard Democrats this week criticize Senator 
Johnson's bill because it would provide pay only to

[[Page S7707]]

workers who continue to work through the shutdown. They say they want 
everybody to get paid.
  I have great news for them. The clean continuing resolution sitting 
at the desk would pay everybody--everybody. We just need five more 
Democrats to support it. Five more gets us to 60. It takes a 
supermajority in the Senate. Democrats are the only thing standing in 
the way of the outcome that they say they want, which is for everybody 
to get paid.
  The clean, nonpartisan continuing resolution sits right there at the 
desk. President Trump is ready to sign it. The shutdown could be over 
in a matter of hours if just five Democrats would agree.
  But, unfortunately, the shadow of the Democrats' far-left base 
continues to stand in the way. You don't have to take it from me. As 
one source familiar with Democrats' thinking told The Hill this week, 
``We would have enough votes to reopen the government if people were 
not terrified of getting the guillotine.''
  ``We would have enough votes to reopen the government if Democrats 
were not terrified of getting the guillotine.''
  We just need five more Democrats to show some courage. This was a 
statement made yesterday by a Democrat House Member. Sometimes people 
around here say the quiet part out loud--sometimes it is just 
subconsciously--and this is what she said. She is a Member of the 
Democratic leadership in the House of Representatives:

       Of course there will be families that are going to suffer . 
     . . but it is one of the few leverage times we have.

  Boy, just take that in. Take that in:

       Of course there will be families that are going to suffer.

  But we don't want to give up our leverage. Leverage for what?
  Leverage for what?
  We need five Democrats to show a little courage. Reopen the 
government, and let's get to work.
  I yield the floor.


                   Recognition of the Minority Leader

  The PRESIDING OFFICER. The Democratic leader is recognized.
  Mr. SCHUMER. Mr. President, we are staring into the abyss of the 
healthcare crisis here in America. And what is Donald Trump doing as we 
stare into the abyss of the healthcare crisis? He is flying off, yet 
again, to another corner of the world while people's premiums are set 
to skyrocket here at home. He shut down the government, Trump has, for 
23 days, the second longest shutdown ever by refusing to negotiate with 
Democrats. He is bulldozing the East Wing of the White House to make 
way for his own ballroom. His own Justice Department is getting ready 
to cut him a personal check--a personal check--to Donald Trump for $230 
million out of taxpayer money when people are suffering in terms of 
their healthcare premiums. And then he was caught trying to push a 
nominee with proud Nazi and racist views.
  And, again, we are in the middle of a healthcare crisis that will 
decimate tens of millions of Americans. But Donald Trump doesn't seem 
to want to touch this topic, touch the topic with a 10-foot pole, and 
has decided to fly off to another country, yet again, without 
negotiating with Democrats.
  Leader Jeffries and I asked him to sit down and talk with us. We said 
we need to talk. He refused. Donald Trump would literally rather fly to 
another country than meet with Democrats to negotiate on healthcare 
because he knows the American people are on one side of the issue and 
his base--his rightwing MAGA base--is on the other. He is afraid to 
touch the issue so he does his version of Johnson's shutting down the 
House. He flies away.
  It is hard to fathom someone more out of touch and oblivious to our 
Nation's struggles than the current President.
  Let's take the ballroom, for instance. This is the image Donald Trump 
doesn't want America to see. This is the picture Donald Trump told his 
people to hide from the American people. Do you know what the picture 
represents? It is not just the desecration of the White House. It shows 
that Donald Trump is not focused on fixing healthcare but rather on 
vanity projects like this one that don't do anything to benefit the 
American people. They only benefit Trump and his ego.

  Donald Trump is telling the American people: No Medicaid for you; the 
ballroom for me. Americans are appalled at these images. A YouGov poll 
this week found 50 percent of the Americans oppose this ballroom 
project, only 33 percent in support.
  To Americans, the image of Donald Trump adding a wrecking ball to the 
White House is a symbol for what he is doing to the whole country. Yes, 
this is the image Americans are seeing, and they don't like it. They 
don't like it.
  I ask my Republican colleagues: Where are you? Frankly, the East Wing 
teardown is not the only thing Donald Trump is focused on instead of 
fixing healthcare. He is also using the Presidency to enrich himself. 
This week, we learned that Trump is pushing his own DOJ to write him a 
$230 million check because his feelings got hurt after being 
investigated for criminal wrongdoing. While Americans are agonizing 
over their healthcare, Donald Trump is using the Presidency to reach 
into the taxpayers' till and put money in his own pocket. Imagine the 
gall of this President who tells the American people: No healthcare for 
you, but you pay me an additional $230 million.
  Again, I ask my Republican colleagues: Where are you? And again, I 
don't expect Republicans to oppose Donald Trump very often, but they 
should be outraged--outraged--by the way he is pillaging the DOJ to 
enrich himself.
  And, finally, Americans are getting awfully fed up with the Trump 
administration's incompetence, corruption, and chaos. The data shows 
it. A few days ago, a Gallup poll showed movement you rarely see among 
the electorate in a short amount of time. Democrats' party ID is now 7 
points higher since the start of the year--7 points higher. It was even 
with Republicans--``Are you a Democrat or Republican?''--when Trump 
took office. It is now plus-up 7, Democrats. You rarely see that kind 
of movement for that kind of number so quickly. It should be an 
immediate red-light warning to my Republican colleagues.
  To quote the pollster Harry Enten, who works for CNN:

       I was shocked to see how [Democrats] have gained on Party 
     ID per Gallup. [Democrats] lead by 7 pts vs. a tie at the 
     start of the year. Looks a lot more like the 2018 cycle than 
     2022.
       Indeed, Democrats have gained House seats in all midterms 
     since 1990 when party id looks like what Gallup has.

  That is Harry Enten, not me. You don't need to be a political genius 
to understand why these numbers are moving. People see that Donald 
Trump is making their lives worse on costs and healthcare and on their 
financial security.
  We spend so much time here in Washington focused on the day-to-day 
back-and-forth. But people back home don't care about the back-and-
forth here in Washington. They care about how much they are paying for 
groceries. They care about their rising electricity bills. They care 
about the dramatic increase so many will pay in their healthcare 
premiums very soon.
  What has Donald Trump done while all this is happening, while people 
are just sitting down at the dinner table on Friday nights and 
wondering, How the heck am I going to pay the bills? He has enacted the 
biggest healthcare cuts in American history. He is closing rural 
hospitals. Americans can see with their own eyes what Trump is doing.
  So I say to my Republican colleagues: Beware, this Gallup poll is a 
warning that Americans are fed up with the high costs that go up each 
week and the Trump administration's incompetence, corruption, and 
chaos. It is only going to get worse the more Donald Trump doubles down 
on this shutdown and on his failed policies.


                         Shutdown Fairness Act

  Mr. President, on the Johnson bill--that is Ron Johnson, Senator 
Johnson--right now, on day 23 of the longest total government shutdown 
in American history, millions of American families are wondering how 
they will make rent, pay their bills, or put food on the table. What is 
the Republican response? To hand Donald Trump and his right-hand man 
Russ Vought, the originator of the evil, awful Project 2025--to hand 
Russell Vought more power to decide who gets paid and who gets 
punished.
  Let me make one point very clear: The shutdown is on Donald Trump's

[[Page S7708]]

back, and the American people know it. They know that Republicans have 
the Presidency, the House, and the Senate and the shutdown is on them.
  So Senator Ron Johnson and Republicans are feeling the heat and have 
come up with this proposal. Johnson and Republicans know because they 
are feeling the heat that the American people know exactly who is in 
charge: Donald Trump and Republicans. When workers are laid off, when 
they are furloughed, they miss a paycheck, America knows who is to 
blame. It is on Donald Trump's back.
  That is why Donald Trump and his allies are pushing this bill. The 
bill would not reopen the government, which is the only permanent 
solution to this crisis. Democrats want to reopen the government as 
quickly as we can. We want to sit down with Thune, with Johnson, with 
Trump and negotiate a way to address this horrible healthcare 
crisis. We also want to make sure that every last Federal worker who 
has suffered during the Trump shutdown is taken care of.

  So that is why Democrats are offering two solutions that actually 
include all of our Federal employees, not just the ones the President 
picks and chooses:
  Oh, I will lay you off.
  I will furlough you.
  I won't do you.
  I like you.
  I don't like you.
  That is not the way you govern, but that is how Trump seems to 
govern.
  Our bill is an antidote to that awful way that Trump uses when he 
picks and chooses winners and losers whom he likes and hates.
  The bill--the Republican bill--is a ruse. It is nothing more than 
another tool for Trump to hurt Federal workers and American families 
and to keep this shutdown going for as long as he wants.
  We will not give Donald Trump a license to play politics with 
people's livelihoods. That is why we oppose this Johnson bill, because 
it doesn't end the pain of the shutdown; it extends it.
  The only way--the only way--to pay every Federal worker is for 
Republicans to get serious and sit down with Democrats to avert their 
healthcare crisis and reopen the government.
  I yield the floor.
  The PRESIDING OFFICER. The Republican whip.


                          Waiving Quorum Calls

  Mr. BARRASSO. Mr. President, I ask unanimous consent to waive the 
mandatory quorum calls with respect to cloture on the motion to proceed 
to Calendar No. 191, S. 3012, and the Taibleson nomination.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                               H.R. 5371

  Mr. BARRASSO. Mr. President, today is day 23 of the Schumer shutdown 
of the government, and we just heard the minority leader--right here on 
the floor--continue to practice the politics of pain, and it is pain 
felt by the American people.
  Remember, Senator Schumer is the one who said to the press:

       Every day gets better for us.

  I don't know who ``us'' is. It is not the American people, not the 
people who come to work all across the country and the Wyoming National 
Guard, the people all around America, the people in the Presiding 
Officer's State and mine, the people who aren't going to get paid.
  Senator Schumer said: Can't we do anything about it?
  Yes. You could vote to open the government.
  Yesterday, they decided, once again, to vote to keep the government 
shut.
  Tomorrow, hundreds of thousands of Federal workers are going to miss 
their paychecks because Chuck Schumer and the Democrats will not vote 
to open the government. They won't do it. They haven't done it for 23 
days. Democrats have now set the record for the longest full-time 
government shutdown in American history.
  In previous shutdowns, some of the Agencies stayed open--not now. 
This is the longest shutdown in the history of the entire U.S. 
Government because, this time, no one is getting paid, not the Capitol 
Police officers who had to come in during the so-called filibuster by 
the Senator from Oregon, Senator Merkley; none of the people at the 
desk; none of the people who were working around the Capitol; none of 
the Democrats' staff or the Republicans' staff who were here as Senator 
Merkley droned on and on and on through the night, reading the same 
poem four times, to no avail. It was rubbish--all of it.
  The Democrats have shut down this government, and they are punishing 
the American people as a result. They are more concerned about playing 
politics than they are about protecting working families. It is a big 
game that they are playing as American families suffer. And they don't 
seem to care that families are suffering. They are actually bragging 
about the fact that families are suffering.
  This is the Democrat whip in the House of Representatives. What did 
she say this week? It wasn't just some slip of the tongue. She was in 
an interview. There is a video of her on television--I saw it early 
this morning--saying, of course, there are going to be families who are 
going to suffer. Of course, she says, there is going to be suffering--
almost gleefully--because it is one of the few leverage times we have.

  That is the Democrat whip of the House of Representatives. The 
Presiding Officer may have served with her when he served in the House 
before coming to the Senate. He knows this individual.
  This is the politics of pain, practiced by the Democrats, and, 
apparently, they don't believe that withholding paychecks or stamps or 
funding to feed women and infants and children is a problem. They think 
it is leverage. They think it is a big game. Leverage for what--to give 
taxpayer-funded healthcare to illegal immigrants? That is one of the 
demands that we got from Chuck Schumer in the letter of demand to open 
the government.
  Lay it all out there. What do they want? Lots of things, including 
healthcare--free, paid for by taxpayers--for illegal immigrants. They 
want $1.5 trillion in permanent new spending added to the debt because 
whom are they trying to impress? The radical wing of the Democrat 
Party, their radical leftwing.
  That is what the Democrats are trying to do. That is what Chuck 
Schumer is trying to do. He doesn't care. He is standing here, talking. 
He is only talking to one group. It is the radical wing of the party--
the people in New York who have nominated Mamdani to be the mayor of 
that city. The Democrats are willing to cause the American people to 
suffer because they want to continue to pass liberal policies that 
Americans don't want and never voted for but that are being demanded by 
that radical wing of the Democrat Party.
  So what have we done as Republicans?
  We have proposed a clean, bipartisan continuing resolution to reopen 
the government and that pays the workers who have been working for 
weeks without pay so they don't miss their paychecks.
  Democrats have rejected it and have continued to reject it not once, 
not twice--12 times. It is a cycle of obstruction.
  Democrats have voted for clean continuing resolutions, as I have 
heard the Presiding Officer say, a number of times. I have heard him 
say it on television. The Democrats voted for it 13 different times 
when Joe Biden was President. Now they oppose it. Why? Because 
President Trump is in the White House, and they don't even like the 
White House. They just had a picture of some of the improvements that 
the President is doing at the White House. They don't like that either. 
They don't like the fact that he is in the White House. They don't like 
the fact that he is improving the White House. They don't like the fact 
that he is going to continue to be in the White House.
  Speaking of the President, just days ago, he told the Democrats that 
he was happy to meet. I agree, and we were there when he said it. He 
said he was happy to meet once they reopened the government, but since 
the Democrats continue to refuse to reopen the government, the Senate 
is going to try to do the next best thing. Today, this body is going to 
move to begin debate on Senator Johnson's Shutdown Fairness Act. So 
let's talk about it.
  There is not a single good argument that I have heard against passing 
it immediately because this bill ensures that the men and women who 
keep our Nation safe receive their pay during this Schumer, Democrat-
caused shutdown as they play politics. We have got

[[Page S7709]]

to pay the people who are keeping our Nation safe. It pays our troops 
who are protecting our Nation at home and abroad. It pays the Coast 
Guard as they continue to patrol our waters. It pays the Border Patrol. 
They defend our southern border. It pays members of the Immigration and 
Customs Enforcement as they round up and deport illegal immigrant 
criminals. It pays the air traffic controllers who guide flights safely 
to their destinations. It pays the TSA agents who screen the passengers 
at every airport in America. It pays the Capitol Police officers who 
have worked for weeks here without pay.
  It applies back to the very first day of the Schumer shutdown, and 
that means employees will get their full pay. It applies to this 
shutdown, and it applies to future shutdowns. I think that is very 
important as we cannot allow the Democrats to continue to painfully 
treat the people and use the American people as what the Democrat whip 
calls, in the House, ``leverage,'' hurting the American people for 
leverage. No. So it is not just for this shutdown but for future 
shutdowns to provide stability and predictability to those who keep us 
safe.
  Would I prefer a clean continuing resolution that fully reopens the 
government today? Immediately? Absolutely, but Democrats have blocked a 
clean, bipartisan continuing resolution every single time we have 
offered them.
  It has been reported that Democrats are going to filibuster this 
bill, today, too. So, when Democrats stand up here today and criticize 
the bill, remember this: The Democrats have a choice to pay the 
essential workers who are working right now and are working here 
without a paycheck or to send them into the weekend with empty bank 
accounts and bills they cannot pay. If Democrats vote no, it won't be 
about fairness. It is all going to be about politics. It is a dangerous 
game of politics they are playing.
  Remember what the House Democrat whip told the press. She said: Of 
course families are going to suffer.
  This is a Democrat.
  Of course, she says, families are going to suffer, and this is one of 
the few times--the few leverage times--we have.
  That is not about helping the American people. It is about taking 
advantage and using the American people maliciously, terribly, 
disgustingly, disgracefully. If the Democrats vote no, it is all going 
to be about leverage rather than paying the American people.
  It is time to reopen the government. It truly is.


                       Border Wall Football Game

  Mr. President, on a separate matter, on Saturday, the annual Border 
Wall football game comes to Laramie, WY.
  For the 117th time, the Wyoming Cowboys will play Colorado State 
University. The winner of the game gets something called the Bronze 
Boot. This year, the Pokes are going to play in special Cowboy and Coal 
jerseys, and uniformed coal miners from all around Wyoming will lead 
the Cowboys onto the field. This is a fantastic way to celebrate 
Wyoming's proud history and heritage.


                           National Coal Week

  Mr. President, in Wyoming, we have world-class coal. Wyoming's Powder 
River Basin provides nearly half of all the coal produced in America. 
It is clean coal. It is low-sulfur coal. We have enough coal to power 
America for at least the next 100 years.
  Here in the Senate, Republicans are also celebrating this vital 
industry.
  Senate Republicans introduced a resolution earlier this week to 
designate this week as National Coal Week.
  I want to thank and congratulate Senator Cynthia Lummis for leading 
this important effort.
  No one knows better than our home State of Wyoming how important coal 
is to keeping the lights on. Coal is the most affordable, available, 
reliable source of energy on the planet. National security, of course, 
starts with energy security. Coal means freedom. That is why coal is 
such an important part of the Republicans' agenda to unleash American 
energy. We are cutting redtape. We are opening up 13 million acres of 
Federal land for mining. Coal production is up more than 6 percent 
since last year.
  The coal renaissance that we are seeing today is part of the broader 
American energy revival. It was even reported this week that the price 
of gasoline has fallen to below $3 for the first time in 4 years. You 
didn't see this when Joe Biden was in the White House, and they were 
fighting American energy and making us desperate for energy. Oh, no. We 
are now heading into an energy-dominant time for America.
  Across the country, families are feeling the financial relief that 
comes from returning to commonsense energy policies. Republicans know 
you can protect the environment without punishing the economy. 
Democrats never understood that. And, in Wyoming, we know better than 
anyone else. America is an energy superpower. Wyoming is America's 
energy breadbasket. We have the resources; we have the workers; and now 
we are acting like it.
  So, as we mark National Coal Week, I want to thank the great men and 
women of our coal industry in Wyoming and across the Nation for helping 
make America energy dominant once again.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Sheehy). The Democratic whip.


                               H.R. 5371

  Mr. DURBIN. Mr. President, I am sure that those who are following the 
opening remarks of the Senate today can sense the frustration, 
bordering on anger, with the current situation, the current status quo. 
It is shared on both sides of the aisle.
  I have had the good fortune of serving in the House of 
Representatives and the Senate, representing parts of Illinois and then 
the entire State, for a big part of my life. I have watched these 
institutions, the House and the Senate, face frustrating, 
disappointing, challenging situations. I have found that the rule of 
thumb is, basically, if reasonable people will sit down to the table 
and put the items on the table and say, ``Let's see if we can find 
common ground,'' it usually works. It could work here too. We could 
reopen this government by the end of the day. I believe it. It is going 
to be even more difficult because the House of Representatives is not 
in session. I believe it has now been 3 weeks--maybe even 4 weeks--that 
they have been out of session. They need to be here, doing their job, 
helping to work to find a solution to this frustrating situation.
  What exactly is behind the shutdown of this Federal Government?
  Let me tell you. It is a serious issue that affects virtually every 
American.
  Do you have health insurance?
  I do. Most of us do.
  Is it expensive? Yes.
  Do you still need it? God, yes.
  Without it, it would be even worse. With one automobile accident, one 
broken bone, one serious diagnosis, you could wipe out the savings of 
most American families. That is the reality. So health insurance is 
critical. People need it.

  Do you know what is going to happen soon? I am sorry to say we are 
going to see a dramatic increase in health insurance premiums.
  There was a debate here several months ago on what the President 
called his big, beautiful budget. The big, beautiful budget did many 
things, but in addition to some spending decisions, it made the 
decision that we were going to give a tax break to the wealthiest 
people in America, people like Elon Musk. His tax break, if I remember 
correctly--I don't have it written down here--was $230,000 a year. I 
would say that is a lot of money for most Americans. Mr. Musk, though, 
is so rich--a multibillionaire--he probably wouldn't even notice it.
  But the $230,000 tax break for the wealthiest Americans meant that 
other programs needed to be cut. One of the programs that President 
Trump and the Republicans in Congress decided to cut--one was Medicaid.
  Medicaid is a pretty universal program that affects millions of 
Americans and the services that they receive from clinics, from 
hospitals, even living in nursing homes. Medicaid is an important part.
  The Republicans, in order to provide the money for tax cuts for 
people like Elon Musk, needed to cut $1 trillion out of Medicaid over 
the next 10 years.
  What does it mean in my State? Well, we worry. Will rural hospitals 
or inner-city hospitals survive if Medicaid is cut? Will the nursing 
home people be able to stay in the nursing homes? Those are important 
and critical questions.

[[Page S7710]]

  The second part of the decision by the Republicans in the big, 
beautiful budget to provide a tax break for the wealthy was basically 
to eliminate the tax subsidy that is available for middle-income 
families under the Affordable Care Act.
  What does that mean? Well, for some people, they are going to see the 
results in the mail in just a matter of days. The target date in 
Illinois, which I represent, is October 27. Watch for the mail then 
because on October 27, you will receive a notice about what is going to 
happen to your health insurance premiums January 1. They are going to 
go up an average of 114 percent. So take a look at what you are now 
paying for health insurance and anticipate that it is going to go up. 
How much? I am not sure, but it could easily double.
  For a lot of families who are struggling to survive, that is going to 
become a difficult challenge. How are we going to pay this premium? 
These are the same families who come back from the grocery store every 
Saturday and Sunday and say: I can't believe what has happened to the 
price of beef. I can't believe what has happened to the price of 
produce.
  Across the board, people see the cost of living going up. And now an 
essential service--health insurance premiums--we are going to see this 
dramatic increase.
  It is this increase that is going to affect millions of Americans--
over 20 million Americans--that is at the heart of this decision about 
whether this government is going to reopen.
  We have said to the Republicans that we believe the American families 
need a helping hand and need it now--not something we talk about later 
but now--so that we can do something to stop these premiums from going 
up dramatically.
  You know what is going to happen. When the premiums go up, some 
families will say: No problem. Making plenty of money. Hate it, but we 
can pay it.
  Other families are going to say: How in the world are we going to do 
this? We are going to have to get a health insurance policy which has 
more copays and deductibles that are paid by us for virtually 
everything. So we are going to pay through the course of next year for 
this increase in premiums anyway.
  Some will walk away and say: I just can't afford it. Can't make ends 
meet. Can't pay utility bills. Electric bills are going up and other 
things that we face, and this health insurance premium too. We are just 
going to have to drop the insurance and hope for the best.
  I am sorry for those people because it not only means that they are 
facing risks in life without the protection of health insurance--we 
know statistically that when you don't have health insurance or any 
basic health insurance, that you forgo treatment and examinations. That 
is not good, it is not healthy, and it doesn't lead to a good result.
  Is that an important issue for your family? I bet it is. It is an 
important issue for every single family.
  That is what is at the heart of this government shutdown--the need 
for Republicans and Democrats to sit at the table and say: How can we 
spare American families from this premium increase that they are going 
to face inevitably--millions are going to face--with bad consequences?
  Can we do it? Of course, we can. People of good will can reach a 
conclusion that they are going to find a way to compromise and see this 
issue come to an end. We need to do it now--not next week, not the week 
following, but now. There is too much hardship going on with this 
government shutdown, and it should not continue.
  So my appeal is to the President: Delay your trip overseas.
  My appeal to the Republicans in the House: Come back home--I 
shouldn't say ``home''--come back to Washington. Leave your home, come 
back to Washington, and go to work with us on a bipartisan basis.
  Is that what America wants? You bet it is. To address this issue of 
health insurance premiums--do it on a bipartisan basis, and end this 
government shutdown. We can do it today.
  There is a lot of furniture in this Capitol--I have seen it over the 
years--and there are a lot of tables. There are many tables big enough 
for the leaders in Congress and the President to sit down and reach an 
agreement. That sitdown ought to happen sooner rather than later.


                                Illinois

  Mr. President, on another issue unrelated, last Friday, the Trump 
administration asked the Supreme Court to green-light the deployment of 
National Guard troops in my home State of Illinois after the lower 
courts had temporarily blocked the deployment. In her decision, 
District Court Judge April Perry said the Trump administration has 
produced ``no credible evidence that there is a danger of rebellion'' 
in Illinois. Rather, Judge Perry found that ``the unnecessary 
deployment of military troops, untrained for local policing, will 
escalate tensions and undermine the ordinary law enforcement activities 
of state and local entities.''
  Three judges on the Seventh Circuit Appeals Court, including one 
appointed by President Bush and another appointed by President Trump, 
considered that decision by the lower court and agreed with Judge 
Perry. They found that ``the facts do not justify the President's 
actions in Illinois. . . . Political opposition is not rebellion.'' 
That panel is right.
  Last Saturday, I was part of the No Kings demonstration. We estimate 
there were 100,000 people in Grant Park at the Petrillo band shell. It 
was nonviolent. It was orderly. Oh, they were loud once in a while, but 
no one was involved in any sort of rebellion. They were exercising 
their constitutional right to express their opinion about the policies 
of this government.
  I have been honored to represent the great State of Illinois for over 
40 years in the Senate and the House. And, yes, like every State, 
Illinois has its challenges, such as addressing crime. But for the last 
two decades, the murder rate in Illinois has been lower than murder 
rates in Republican-led States like Missouri, Louisiana, and Alabama. 
Violent crime is down dramatically in the city of Chicago.
  We should work together to build on this success and reduce the crime 
rate even more. But the President's actions in sending in National 
Guard troops even from the State of Texas to Illinois is not about 
public safety; it is about politics. His unjustified and unlawful 
attempts to deploy troops to Chicago and other American cities are a 
threat to our basic democratic institutions.

  The Supreme Court should reject the President's petition to use these 
troops in America. There is no emergency that justifies bypassing the 
regular appeals process and resolving this issue on the Court's shadow 
docket without the full public scrutiny this issue deserves.
  Just last week, I received a heartbreaking message from one of my 
constituents, PO2 Jessica Wendlandt--a hard-working provider at Lake 
County Health Department in Waukegan, IL. In her letter, Officer 
Wendlandt mentioned that some of her patients have stopped showing up 
for their appointments because ICE officers are camping out in front of 
the facility.
  Picture it, if you will: People, families, taking their children in 
for a doctor's appointment--afraid to go, leave their car, and walk the 
short distance to the clinic because ICE officials, in their combat 
uniforms and masks, in unmarked vehicles, were lurking outside the 
clinic.
  She said in what she wrote to me:

       My patients have not been able to come to their medical 
     appointments out of fear of being taken.

  These raids are impacting the ability of medical providers to provide 
basic family treatment.
  Jessica also mentioned that she was treating a mother at the health 
center when the mother ``received several phone calls and messages that 
ICE [agents] had raided the apartment buildings right behind the 
facility.'' The patient was so distraught and in tears that treatment 
could not be completed that day because she needed to rush home to her 
other children.
  Imagine for a moment the fear that a mother must have felt receiving 
a call from her kids, scared and screaming that masked men are trying 
to break into their home. Is this America? Can you imagine the 
confusion and fear those children must have felt seeing those men at 
their door, wondering who they were and if they were there to help them 
or hurt them.
  It is not just at health centers in Illinois; ICE is camping out in 
front of city halls, schools, churches, regularly

[[Page S7711]]

outside of Home Depot, where they detained a father who was the sole 
provider for his two children, including a daughter with stage IV 
cancer.
  Do you remember what led us into this situation? You heard it over 
and over at President Trump's rallies. Rapists, terrorists, murderers, 
the criminally insane, sexual predators were coming across our border.
  Let me tell you, I will sign up with the President. We don't want 
those people coming into this country. And if they commit a crime while 
they are here, they should be gone, period.
  Now let's talk about the others, the 11 million who have been in 
America working jobs, raising families, going to church, paying their 
taxes. They are the ones they are targeting. Seventy percent of the 
people who have been stopped by ICE in the State of Illinois--70 
percent of them have no criminal record whatsoever. They are not 
rapists and murderers and terrorists. They are people who overstayed a 
visa. And they may be American citizens. The ICE officers obviously 
don't distinguish any difference there.
  When will my colleagues on the other side of the aisle decide that 
the cruelty and fear tactics of this administration must stop? This is 
America. When will they choose to put an end to the racial profiling 
which is going on and the detention of even American citizens, 
including veterans of children?
  This is all supposed to be about violent crime? It is not. Enough. If 
this was actually about reducing crime, President Trump would not be 
slashing programs that actually help local law enforcement. This 
cruelty is all for show.
  While Americans continue to pay inflated prices at the grocery store 
and face the prospect of skyrocketing healthcare premiums, this is what 
the President is focused on: tearing families apart and separating kids 
from their parents.
  Our country is better than this. It is better than this cruelty and 
lawlessness. Now is the time for us to stand up for the rule of law and 
our Constitution.
  President Trump's claims of ``invasions,'' ``rebellions,'' or 
``emergencies'' to justify calling the military into American cities 
are shameless attempts to bypass our constitutional checks and 
balances.
  It was the Republican Governor of Oklahoma who said last week that if 
Governor Pritzker of Illinois tried to send his National Guard troops 
to Oklahoma, the people of Oklahoma and that Governor, a Republican 
Governor, would resist it. But that is exactly what is happening in my 
home State of Illinois. This President, without invitation, is sending 
National Guard troops in from Texas.
  The Supreme Court should stand up to this administration's attempt to 
cut both Congress and the courts out of decisions squarely given to 
them by the Constitution.
  Political opposition, peaceful protests, and nonviolent civil 
disobedience are not rebellion; they are the bedrock of our democracy.
  Local law enforcement officials have proven they are capable, in 
Illinois and most places, of handling any unlawful or unruly behavior.
  Illinois State Attorney General Kwame Raoul explained to the court:

       No protest activity in Illinois has rendered the president 
     unable to execute federal law.

  If the Supreme Court enables President Trump to deploy troops to 
American cities over the objection of State officials before the courts 
rule on the legality of the actions, I fear it is going to cause 
lasting harm to America.
  I ask my Republican colleagues: Are you really prepared in your home 
State for the next President after President Trump to send in troops to 
your State without permission, without the consent of your government? 
Are you ready for masked soldiers to grab your constituents from their 
homes?
  My constituents elected me to represent them in this fight. I implore 
you to do right by your constituents and push back against the 
President's illegal power grab before your State is the next victim.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Oklahoma.


                           Government Funding

  Mr. LANKFORD. Mr. President, I would love to introduce the Senate to 
a couple that I know: husband, wife. Both work for the Federal 
Government--young couple, expecting their first child. This week, they 
will miss a paycheck--both of them.
  You tell me how many people, in their early days of marriage, both 
spouses could miss a paycheck while they are preparing for their first 
child. But that is the reality that is being faced by that couple and, 
I am sure, a lot of other folks that stepped up to serve their Nation, 
serving in a Federal Agency, but because of a government shutdown, they 
are not going to get paid.
  I would love to introduce this body to a single mom that just, a 
couple of weeks ago, got the invitation to go to the FAA Academy and to 
become an air traffic controller--very difficult to get into that 
school--but has been accepted, is in the process, has quit her job, has 
canceled her lease and, as a single mom, is taking the risk to be able 
to step out in a new, great career. But right in the process of 
stepping out to do that new, great career, there is a government 
shutdown, and now she has no idea what is about to happen. She has quit 
her job already. She has canceled her lease already. She was preparing 
to move to get to the academy. Now what does she do?
  For all the folks out there that say this government shutdown is no 
big deal--or, as my Democratic colleagues in the House have said, some 
families are going to have to suffer to give us leverage--here are the 
families that are actually suffering to give my Democratic colleagues 
leverage so they can discuss healthcare.
  But let me not just talk about the healthcare they want to discuss. 
Their focus seems to be on a COVID-era subsidy that they created for 
the Affordable Care Act to try to make it more affordable--because here 
is the problem in my State. In my State--in Oklahoma--the Affordable 
Care Act, the cost for it has increased 200 percent in 6 years, while 
commercial insurance has increased 29 percent in those same 6 years. So 
the ``Affordable'' Care Act is only affordable if there is just one 
subsidy on top of another, on top of another, on top of another, 
because the structure of the Affordable Care Act is not affordable. It 
is only affordable if there is more and more and more tax dollars sent 
to insurance companies to try to cover more and more and more.
  My Democratic colleagues say: We are going to keep the government 
closed until we even get more money on that, and we don't want to 
discuss anything.
  Well, here is the problem. We have a 200-percent increase for one 
area, a 29-percent increase in the other, and they say just keep 
dumping more money into it. We actually know, and my Democratic 
colleagues have told me privately: We know there is a lot of fraud, 
that there is money being sent to insurance companies that they are 
then covering people that actually don't even know they have coverage, 
just because it is cheap for the insurance company.
  Everybody knows that exists in it, but they don't want to discuss 
that; they just want to add more money into it.
  We have people making a quarter million dollars a year that are 
getting subsidies with these additional subsidies they created several 
years ago. And we have said: ``What in the world'' that people making a 
quarter million dollars a year are getting these subsidies.
  We also know, the way that my Democratic colleagues created these 
subsidies, that it went around the Hyde Amendment, which has been very 
clear: Federal tax dollars do not go to pay for abortions. But they 
created this very creative system of tax credits so that they could 
send money to insurance companies to pay for elective abortions. They 
are asking every Republican now to jump on board and to be able to vote 
for that.
  Listen, there are big issues with this. My Democratic colleagues say: 
Well, just fund more healthcare; just take care of it. We know there is 
fraud. We know there are people making half a million. We know there is 
abortion funding going. We know all these aspects.
  So, no, we are not just going to dump more money into it.
  We have said something pretty straightforward: Let's keep the 
government open, at its current status quo,

[[Page S7712]]

and let's keep debating all these issues. But why should next week's 
SNAP recipients no longer get SNAP benefits because there is a fight 
over all these healthcare issues on this that we have very strong 
actual policy issues with? Why are they cutting off SNAP benefits? Why 
are they telling this young couple with an infant child on the way: No, 
neither of you are going to get paid. Why is that happening?
  So here is what we have done. I have proposed a bill that I put out 
last session. It was very straightforward. This bill just says we will 
never have another government shutdown--never. Every time we get to 
another moment like this, automatic funding kicks in. But here is the 
kicker: Members of Congress are in session 7 days a week, and we can't 
do anything but appropriations. We have to do appropriations, and we 
have to be here 7 days a week, House and Senate, until we actually get 
this solved.
  Now, that seems like a pretty reasonable thing.
  My Democratic colleagues have been bemoaning the House is not in 
session. If you would have voted for my bill last session, we would all 
be here right now negotiating this out. I had 57 votes on that last 
session--57. We were three votes short of never ever having a 
government shutdown again--never.
  So I am going to bring it again and to say: Let's end the potential 
of government shutdowns ever, and let's actually stay here and debate 
the issues and to be able to work things out like grownups.
  In the meantime, until we can get that done and until we can get my 
Democratic colleagues to agree, my colleague Ron Johnson has brought 
forward a very simple proposal: Let's pay the people who are working, 
like this young couple that I mentioned. They are still working, both 
of them. Let's pay them while they are working, while we continue to be 
able to negotiate this out.

  If you won't, at least, open the government--as we have the last 13 
times when we got to this moment--and just have a continuing 
resolution, at least, pay the people who are working. This is a baby 
step and an offer to our Democratic colleagues to say: Let's at least 
do the minimum on this to not punish those folks.
  There are folks, today, that are on the road, working for the Federal 
Government, that are in critical positions, that they are not being 
paid and they are actually putting their expenses on their credit card, 
not knowing if they are going to get the chance to pay that off. It is 
not right.
  So let's take the steps. My recommendation is, long-term, let's never 
have a shutdown ever again. Let's fix the process. We were three votes 
short last session. Let's actually fix that permanently. Let's get us 
back open again. But at a minimum, let's at least, while we are 
arguing, pay Federal workers that are still at the task. That should be 
the easiest threshold to be able to step over.
  Me and my colleagues are on the floor today because we want to get a 
chance to be able to offer this to our Democratic colleagues and say: 
We are going to reach an olive branch out to you; let's get started on 
some things.
  I yield the floor to my colleagues.
  The PRESIDING OFFICER. The Senator from Florida.
  Mrs. MOODY. Mr. President, we are in day 23 of this shutdown--a 
shutdown that is sowing more uncertainty across our country by the day. 
It is one that is leaving our Nation vulnerable to adversaries abroad 
and seeing our servicemembers left wondering if their next paycheck 
will go through, as they seek not only to protect us but to support 
their families--a shutdown that my colleagues and I on the Republican 
side of the aisle voted against over a dozen times.
  We are trying to end the shutdown. Yet we are blocked at every point. 
Along with a few--very few--courageous Democrats, we voted for a 
bipartisan continuing resolution to fund the government. The opposing 
Democrats do so while knowing they are voting against paying our troops 
for our security, against paying law enforcement for safety, and 
against paying so many other people that are necessary for critical 
functions. They vote no.
  Republicans have voted to eliminate future shutdowns, to pay our 
servicemembers and other essential Federal workers, and for a full year 
of funding for our military. And yet, each time, these same colleagues 
blocked the efforts. They have now resorted to outright obstruction.
  I am the newest U.S. Senator from Florida, one of the newest U.S. 
Senators for our country. I have been here 9 months, and I am disgusted 
that we have colleagues coming in here, voting against continuing 
funding, reciting poetry. They are putting poetry over paying our 
troops.
  Since my arrival in Washington, I have watched every single effort by 
the Democrats to oppose the will of the American people, to undo the 
outcome of the election, attempting to paralyze not only the 
administration but our policy goals to get this country back on the 
right track.
  Now, these tactics have evolved into obstructing government itself, 
to hold the pay of Federal law enforcement and our military hostage--
let alone the thousands of other Federal employees who continue to show 
up and fulfill their duties without pay. Shockingly, even Senators with 
States that have large Federal workforces have set aside the interests 
of those families, beholden to some radical agenda.
  I implore my colleagues on the other side of the aisle to remember 
that the effects of this shutdown go well past the boundaries of DC. In 
my home state of Florida, we are seeing crisis centers which serve 
veterans, law enforcement officers, first responders, some of our most 
vulnerable that encounter hardships, all because colleagues have 
refused to open the government. In fact, I have committed to donating 
my salary every day the government is shut down to a crisis center in 
Florida because they are suffering as this continues to go on.
  The choice is simple for my colleagues at this point: Either you 
stand for this country, for our servicemembers, and for actually 
governing this Nation, or you stand against that.
  And, finally, I want to take a moment to thank every single Federal 
employee continuing to work without pay: our servicemembers, Federal 
law enforcement officers, Coast Guard members, air traffic controllers, 
so many others--including our own staff, including the staff on the 
Senate floor that show up and stay up all night as the Democrats recite 
poetry. Thank you for showing up without pay. Thank you for your 
patriotism, your work ethic, your embrace of duty and commitment to 
this Nation.
  Throughout history, it is the selfless work of patriots that helped 
build and sustain this incredible country of ours, and I look forward 
to the day when our colleagues on the other side of the aisle cease 
with their partisan games and that they put governing for the people 
back as their No. 1 priority, that they remember it is an incredible 
responsibility they undertook when they took the oath to become a 
Senator. I hope they remember that they were trusted to do this in good 
faith, on behalf of the people, and I hope that they join us in 
reopening the government and they join us in our bipartisan, clean 
continuing resolution to reopen the government. That is the only way 
forward, and it is the sole path available to continue our work on 
behalf of the American people.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Kansas.
  Mr. MARSHALL. Mr. President, good morning. Good morning to all my 
colleagues here today.
  Now, as all the Senators know, as all America knows, my friends 
across the aisle have kidnapped the Federal Government. In fact, they 
have now voted a dozen times not to reopen the government. And even 
surprising to most of us, twice they voted against funding the military 
during these challenging times. I think it is obvious to all America 
that this is a political shutdown; that this is show biz to them; that 
this is an opportunity for their left, lazy media to shout and scream 
at President Trump and to kowtow to their far-left, Marxist base.
  Now, when you kidnap somebody or an entity, you have to have a 
ransom. Now, the opening ransom from the Democrats was an additional 
$1.5 trillion added to our national debt, borrowed from my 
grandchildren--$1.5 trillion. It was just this week that the Federal 
Government passed a $38 trillion level for our national debt. We are

[[Page S7713]]

spending a trillion dollars a year on interest alone. So that was the 
opening ransom.
  And now they seem to be locked in on throwing more money at a very 
broken ACA, the 24 million people on the ACA.
  But it is interesting to me how, when they want to talk about 
healthcare, they hide behind rural hospitals, that they think, ``Oh, we 
are going to help those,'' when 97 percent of rural America voted for 
President Trump. And under President Trump's leadership, in our Big 
Beautiful Bill we have $50 billion of a health transformation fund for 
rural America. But the first thing the Democrats want to do is to take 
that away.
  It has been maybe one of the most hypocritical statements I have ever 
heard. They want to help rural America, help rural hospitals, but they 
want to take away this $50 billion transformation fund.
  Instead, they want to put all their eggs in one basket on Medicaid. 
Look, a hospital loses money every time they see a Medicaid patient. 
Every time a Medicaid patient walks into the emergency room, that 
hospital is losing money on that patient as well. Despite that, the 
Republicans, in our Big Beautiful Bill, increased spending on Medicaid 
to the tune of $200 billion a year.
  We need to work on getting people off of Medicaid. Let's get them 
back to work and help them get good health insurance as well.
  Now, their latest idea is that they want to throw more money at the 
ACA. They want to throw more money for the 24 million people on the 
ACA. Look, Democrats own healthcare, right? The ACA has been the law of 
the land for 15 years. If any hospital fails today, tomorrow, next 
week, next year, the year after, if anybody's health premiums are going 
up--and they are--then it is on the backs of Democrats.
  The first thing you need to realize is that when you are in a hole, 
stop digging. When do they think we can stop throwing good money after 
bad money? Look, I want to fix healthcare. I want to drive down the 
cost of healthcare.
  Now, as my colleague from Oklahoma pointed out, the premiums for the 
ACA are up 200 percent, is what he mentioned--I think that is a pretty 
good number--over the last 6 years. But beyond that, the average 
deductible for the ACA now is $5,000. Can you imagine you are a family 
of four--an average salary back in Kansas is $60,000 a year. And the 
Democrats think throwing more money at the ACA, which gives you a 
$5,000 deductible, is going to solve the problem. Well, of course, it 
is not.
  So we need to address the affordability of the ACA, and we need to 
address the premiums. Then, beyond that, we need to address the fraud.
  Look, this program has grown from a $50 billion-a-year projection by 
the famous Congressional Budget Office--they said it would be $50 
billion. We are spending $150 billion a year now on the ACA, and we 
think there is $25 to $50 billion of fraud in that.
  I think that if you polled Americans and said ``Look, there is a 
Federal program which is paying subsidies for people's premiums, but 
there is $50 billion of fraud in that,'' I think Americans would say 
``Hey, we sent you to Congress, to the Senate, to fix the darn 
problem.'' And we know how to do that. This is a simple fix.
  Not one time have you heard a Democrat say: We want to fix what is 
broken in the ACA. No. All they want to do is throw more money at it. 
It would be so easy to fix the fraud, and we know how to do it.
  How do we address the cost of healthcare? Well, it starts with adding 
pricetags, right? Can you imagine walking into a restaurant and trying 
to decide if you want the two all-beef patties, special sauce, lettuce, 
cheese, onions on a sesame seed bun versus the two quarter-pounders and 
didn't know the price difference? Of course not. But that is what we 
are asking Americans to do when they have a procedure done. They have 
no idea what it is going to cost; they have no idea what outcomes are.
  Americans need to realize that you could have a surgery done in one 
facility for--let's say it is a hip replacement. Maybe one hospital 
gets $10,000, but another one, they are reimbursing at $50,000. I am 
not making those numbers up. I ran a hospital. Those were the exact 
numbers just 6 or 7 years ago. By the way, the hospital that was 
getting reimbursed the lower amount had better outcomes, less 
infections, and less blood clots.
  Look, the Democrats own healthcare right now. These are their 
policies. When they are ready to do something more than just throw 
money at one of the most broken systems in the history of America, then 
we are here to talk to you. But first of all, we need to open the 
Federal Government.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. HOEVEN. Mr. President, I am pleased to join my colleagues today.
  Today marks the 23rd day of the government shutdown--the 23rd day--
now the second longest in our Nation's history. Yet, despite the 
mounting consequences, our colleagues across the aisle continue to 
block a clean, nonpartisan continuing resolution--one that would simply 
keep the government open and allow us to continue our work on the 
appropriations process.
  To be clear, there are no Republican priorities included in the CR. 
Let me repeat again: There are no Republican priorities included in the 
CR. It simply keeps the government funded. It is the same kind of CR 
that Democrats passed 13 times under President Biden. Yet now they 
refuse to vote for it.
  Let's just take a minute to review. Here are the 13 clean CRs that 
were passed during the Biden administration. Thirteen of them. You can 
count them.
  Oh, gee, how did the Democrats vote? I don't know. Let's check.
  Well, here is the percentage of Democrats that voted for each of 
those 13 clean CRs during the Biden administration.
  Now, Mr. President, from sitting way back there--I know your eyes are 
pretty good; former Navy SEAL. They might be diminished a little bit by 
now, so I am going to help you out here.
  On the first one, 100 percent of the Democrats voted for it. On the 
second one, 100 percent of the Democrats voted for it. On the third 
one, 100 percent of the--same kind of clean CR we are looking at right 
now, but it was under Biden. That is the difference. Third one, 100 
percent of the Democrats. Fourth one, 100 percent of the Democrats 
voted for the clean CR. On the fifth one, 100 percent of the Democrats 
voted for the clean CR. On the sixth one, 100 percent of the Democrats 
voted for a clean CR--the same kind that none of them will vote for 
now. Well, I guess we have three, but we have to get enough to get 60 
votes.
  I lost count. One, two, three, four, five, six. I think I am at 
seven--100 percent of the Democrats voted for it. The eighth one, 100 
percent of the Democrats voted for it.
  Now, on the ninth one, I don't know what happened. Maybe one of them 
was gone. Who knows? But, gee-whiz, we only got 98 percent of the 
Democrats on that. Ninety-eight percent voted for that one. But the 
good news is that they were right back on the next one--100 percent. I 
think that is No. 10, 100 percent. No. 11, 100 percent. It was 100 
percent on No. 12. And, gee-whiz, they finished with only 98 percent of 
Democrats on the 13th one.
  You kind of get the point, right? Come on. What in the world is going 
on here? And then to have the gall to go out there and say oh, well, 
you know, they are not shutting down the government. It is ridiculous. 
I don't know how there could be any doubt about it.
  For anybody that thinks this shutdown should be stopped right now, 
they better call their favorite Democrat on the phone and say: Hey, it 
is time. It is way, way, way past time.
  But right now, instead, our colleagues across the aisle have chosen a 
different path. They have taken our government hostage, demanding more 
than $1 trillion in new spending just to keep the lights on--$1 
trillion just to keep the lights on and to pay people--Federal 
employees, military, everybody else that is working. That is not 
compromise. That is called coercion. That is not compromise. That is 
coercion. That is holding our government hostage.
  While this political stalemate drags on, American families are paying 
the price. Vital programs that hard-working families rely on--programs 
they

[[Page S7714]]

have paid into and depend on--have been shuttered or are dangerously 
close to running out of money.
  Several States are now warning that they will be forced to shut down 
SNAP--the Supplemental Nutrition Assistance Program--benefits as soon 
as November 1 if the shutdown continues. That means millions of 
Americans could lose access to the assistance that helps them put food 
on the table.
  Meanwhile, our economy is losing $15 billion in GDP each week as long 
as this shutdown persists.
  Many Federal employees, including critical air traffic controllers--
our air traffic controllers are working; they are not getting paid. How 
about our Border Patrol agents? Pretty dangerous job. They are not 
getting paid. They are working; they are not getting paid.
  How about this group? Our troops. Mr. President, you were a Navy 
SEAL. You were in harm's way. We have people in harm's way, and they 
are not getting paid because the Democrats want to say that somehow 
this clean CR shouldn't be voted for and that somehow they are 
cooperating--they are trying to collaborate when instead they are 
holding our government hostage.
  Rural America--our farmers, ranchers get left behind. Many are out in 
the field right now, harvesting, working on bringing in their crops, 
getting ready for next year. Program services they depend on--the 
USDA--they can't access. That means more uncertainty at a time when 
they can least afford it.
  Look, the list goes on and on--goes on and on and on--but the bottom 
line is this: We need to get government--we have offered over and over 
again, as my colleagues said, to work on any and all issues, but you do 
it once you get the government open.
  This has gone on--I would say long enough but actually way too long. 
I don't know at what point Democrats are going to decide to come back 
and start doing their job, which is governing, but we are eagerly 
awaiting it.
  For the American people--the American people are the ones that pay 
the price when the Democrats take our government hostage. And, as I 
have made very clear here, there is no doubt but that is exactly what 
they are doing.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. Mr. President, I do want to thank my friend from North 
Dakota. We see things slightly different, but one thing I think we 
could probably agree on: Do you know who is getting paid? The House of 
Representatives, who have been on vacation since the middle of 
September. And, gosh, wouldn't it be great if they were actually on the 
floor debating this issue as well, as opposed to getting a taxpayer-
paid vacation for over a month?


                   Unanimous Consent Request--S. 3039

  Mr. President, I think one of the things we could all kind of agree 
on is that our Nation's public servants are not political pawns.
  I say with respect to my friend from Wisconsin, you know, the so-
called Shutdown Fairness Act, in my view, is anything but fair. 
Frankly, this entire year has been anything but fair for all of our 
Federal employees who show up every single day to serve the American 
people. Because remember, before Russ Vought even set foot in the 
Office of Management and Budget, he bragged that he wanted Federal 
workers--his words, not mine--to increasingly be ``viewed as . . . 
villains'' and ``put them in trauma.'' Think about that. This wasn't 
some political misstatement or slip of the tongue; it is, frankly, a 
mission statement.
  Unfortunately, that is exactly what we have seen from Mr. Vought, 
from President Trump, and from those enabling them. In just 9 months, 
they have forced out or driven into early retirement more than 148,000 
Federal employees. That is not efficiency or reform; it is an assault 
on the very people who work every day for the American people. And God 
knows we could improve but also make government perform.
  Now, let's be clear. It is not this side of the aisle--Democrats who 
have cherry-picked a few favorite programs to protect. We have been 
consistent in calling out this administration's totally reckless regard 
for the vital services the American people rely on to keep them safe 
and secure and standing up for those folks who deliver those services.
  So forgive me when I say I don't think this Shutdown Fairness Act has 
anything to do with fairness. Once again, Federal employees are being 
treated not as partners serving the American people but as punching 
bags for Vought and the President's political agenda.
  Right now, the President is trying to RIF another 4,000 Federal 
employees--not just, I believe, unfairly, but actually illegally, based 
upon a court's recent decision. Thank goodness the courts have stepped 
in.
  As a matter a fact, many of us were at the OMB headquarters next to 
the White House just last week, meeting with Federal employees, 
demanding that Mr. Vought and his team listen not to us--you don't have 
to listen to us; we are on politically different sides--but listen to 
the Federal workers and make sure that we get the government reopen, 
not try to leverage this for some kind of political win.
  We are talking about special education programs that support kids 
with disabilities. We are talking about the CDC, whose experts track 
outbreaks and try to keep us safe. We are talking about a program 
called the CDFI Fund at Treasury--a program with broad bipartisan 
support that helps invest in access to capital in rural communities and 
in urban communities.
  Again, on this one, I have to thank Mike Crapo and a whole lot of my 
Republican colleagues for being willing to push back.
  Let's be crystal clear. These actions are not some accident. This is 
a deliberate choice, a deliberate effort to hold Federal workers 
hostage in order to jam through an agenda. At the end of the day, it is 
going drive up healthcare costs for millions of Americans.
  Instead of sitting down with us and working to keep premiums 
affordable, they are using the very Federal workers--I have a ton of 
them in Virginia--as political pawns. It is wrong, it is cruel, and it 
is not going to work.
  That is why I am proud to join both Ranking Member Peters, who will 
be here, I believe, shortly, and my good friend from Maryland Senator 
Van Hollen on legislation to ensure that not the Trump administration 
picks and chooses who we ought to go ahead and pay but legislation to 
ensure that all Federal workers--and, by the way, the contractors who 
work side by side with them--get paid during this shutdown.
  I mean, at the end of the day, this is a moment for every Senator to 
decide: Are you going to stand with the Federal workers who keep the 
government running or are you going to stand with those who want to 
traumatize them and make them all be viewed as villains?
  This is an actual chance. In a few minutes, we are going to have to 
make sure that those workers can feed their families, pay their 
mortgages, while this Republican shutdown drags on.
  There is a lot of language on this floor about who wants to support 
Federal workers. Well, you are going to shortly have a chance--every 
Senator will have a chance--to prove whether you are on the side of not 
selectively paying Federal workers but paying all Federal workers, as 
we try to bring this shutdown to an end. I urge my colleagues to do the 
right thing. Let's get it done. And I thank Senator Van Hollen for his 
leadership on this issue.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Maryland.
  Mr. VAN HOLLEN. Mr. President, I want to thank my colleague from 
Virginia, Senator Warner, and other colleagues who are joining together 
to support the proposal that we are putting forward today.
  But I think we should all say that the best way to make sure that 
Federal employees--all Federal employees--get paid and that the 
American people get the benefit of their services is to reopen the 
Federal Government and do it now, which is why I and my Democratic 
colleagues have voted seven times now--seven times now--to reopen the 
government without giving Donald Trump a blank check and while making 
sure that we prevent a healthcare crisis in this country when people's 
healthcare premiums and costs go through the roof, because when 
Republicans passed their so-called Big Beautiful Bill, they extended 
the tax

[[Page S7715]]

breaks for billionaires and very wealthy people. The one tax cut they 
did not extend was the one that allows middle-class families to afford 
health insurance. And so they left in place a ticking timebomb that is 
going off now.
  We would like to defuse that timebomb. Instead of negotiating on 
that, the President has been AWOL. He has been engaged in discussions 
overseas regarding the Middle East. He has been on the phone a lot with 
Vladimir Putin. That is all good, but you would think the President of 
the United States could carve out just a little time to help reopen the 
government, to have a negotiation on reopening the Federal Government.
  Instead, he is bringing down Republican Members of the House and 
Senate to the White House and wining and dining them and patting them 
on the back and saying: Good job for keeping this government shut down 
and not entering into a negotiation to bring it to a close.
  And, of course, with our House colleagues, the Speaker of the House, 
Speaker Johnson, has essentially got the House on a 5-week--I don't 
know if we are on 6 weeks--paid vacation. I mean, they are AWOL here in 
the middle of this shutdown.
  What is the President focused on? He is asking the Justice Department 
to pay him $230 million for legal bills, right directly into his 
pocket. He is talking about giving his buddy in Argentina a $20 billion 
taxpayer bailout, while farmers across the country are getting hit hard 
because they can't sell their soybeans to China. And he is demolishing 
the East Wing of the White House, which is a metaphor for what he is 
doing to the country and people who worked for him to get him elected. 
He is betraying the very people he said he was going to stand up for 
when he said he was going to focus on prices and costs, and yet, when 
it comes to trying to just prevent this huge spike in healthcare costs 
that people are experiencing, the President doesn't want to talk about 
it.
  So we should not be punishing Federal employees for something they 
had nothing to do with. They are not responsible. They are innocent 
bystanders. They all want to get back on the job and provide services 
to the American people. And I will be putting forth a proposal to say 
that they should not be punished and they should be paid.
  Now, we will hear later today that we are going to be taking up here 
in the Senate a piece of legislation from Senator Johnson, and that 
proposal would pay Federal employees who are currently working right 
now. Our proposal doesn't discriminate among Federal employees.
  And here is the really dangerous part, I would argue, about Senator 
Johnson's proposal. We have a President, President Trump, who, along 
with Russ Vought, who is his, you know, guy in the cockpit at OMB--this 
is the guy who said publicly that he wanted to inflict ``trauma''--that 
is his word not mine--inflict ``trauma'' on the Federal workforce.
  If you allow them to decide who they are going to keep on the job in 
the Federal Government and who they are going to pay, you are giving 
them also a blank check as to who they are going to send home and who 
they are going to punish by not paying them.
  That is what they have been doing. Much of what they have been doing 
is illegal, in fact, and we have a Federal court in California that has 
already said that their layoffs of some of the Federal employees at 
some of the Agencies are illegal.
  But if you just let them decide who is going to get paid and who is 
not, you weaponize that illegality; you weaponize the Federal 
Government. And, by the way, I think we all know this: If President 
Trump gets to keep the folks he wants on the job and pay the folks that 
he wants who are on the job and nobody else, he will have even less 
incentive to end the government shutdown. He will have the government 
he wants, not the one that has been supported on a bipartisan basis by 
the U.S. Congress.
  So giving the President a blank check to decide which Federal 
employees to punish and which ones not to punish is a very dangerous 
thing at this moment. That is why the proposal I am putting forward--
and Senator Peters will have an even narrower version that he will be 
putting forward, if our Republican colleagues don't support the one 
that I am advancing, along with Senator Warner, Senator Kaine, Senator 
Alsobrooks, and others--these proposals say that Federal employees 
should not be punished.

  Now, we have already made that decision. We have already made that 
decision as a Congress in the past. During the first Trump shutdown--
that was the 35-day Trump shutdown. During that shutdown, Senator 
Cardin and myself and others, we passed a piece of legislation that was 
signed by the President that says: At the end of a shutdown, Federal 
employees get fully paid. They are held harmless.
  Why did we decide to do that? Because we collectively made the right 
decision that Federal employees who have nothing to do with the 
government shutdown should not be the ones punished for something they 
were not culpable in. That was the right decision.
  What my proposal and our proposal will do is based on that idea that 
no Federal employees should be punished for something they had nothing 
to do with. And not only should they get repaid at the end of this, but 
why would we say to them that you can't have enough pay to make your 
electric bills or pay your water bills or provide for your family? Why 
should Federal employees be the ones who are punished for the 
government shutdown? Why should they be the ones that have to overdraft 
their bank accounts and penalized for that? That is not fair.
  So the proposals that we are putting forward say that in this 
government shutdown, Federal employees and, yes, certain Federal 
contractors who have nothing to do with this political situation that 
we face, they should not be the ones to bear the burden, and we 
certainly shouldn't set up a system where the President of the United 
States gets to decide what Agencies to shut down, what can stay open, 
who to pay and who not to pay, who to punish, who not to punish. That 
just gives him a blank check to put in place political cronies and pay 
them and send home hard-working civil servants who perform important 
functions. So that is what our proposal will do.
  And for any of our colleagues, regardless of the side of the aisle, 
who agree that Federal employees should not be the ones who are 
punished for something they have nothing to do with, I hope we will all 
agree to support this measure.
  Now, I don't know if Senator Peters wants to talk at all on this 
particular proposal. He is going to be talking on the next proposal.
  I know that some of my colleagues are on the way to the floor, as we 
speak--Senator Kaine and others--and when they arrive, I will return 
the floor to them to have them say their piece.
  But, at this time, I ask unanimous consent that the Senate proceed to 
the immediate consideration of S. 3039, introduced earlier today; that 
the bill be considered read a third time and passed; and that the 
motion to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Is there objection?
  The Senator from Wisconsin.
  Mr. JOHNSON. Mr. President, reserving the right to object, I have 
come here today on the floor in good faith. I have come here not to 
argue. I have come here trying to find agreement. And I have listened 
to the Senator from Virginia, now the Senator from Maryland, and I have 
to say, I don't know exactly what percentage, but probably 95, 98 
percent of what they have said, I agree with.
  I do have to point out, and this would be the most--I would say this 
is a partisan comment. We have voted now 12 times on a measure that 
would open up the government. It is what the House passed as a clean 
CR, similar, if not identical, to what happened 13 times during the 
Biden administration--just a clean CR to open up the government at 
President Biden's levels, funding levels that Democrats voted for.
  By the way, you know, House Republicans could have come to the table 
with a CR with $1.5 trillion of spending reductions to match the $1.5 
trillion of spending increase the Democrats wanted, and now there would 
be areas of compromise.
  But the House Republicans basically said here is the deal: Let's not 
shut

[[Page S7716]]

down the government. Let's not make Federal Government workers pay for 
our dysfunction. So pass a clean CR at President Biden's funding 
levels.
  So, again, that has been voted down 12 times, regrettably. But let me 
set that aside.
  I found out about the Senator from Maryland's proposal last May. I 
got the language this morning. I have got the bill here. And, you know, 
first of all, I kind of chuckled because the name of the bill is--I 
have actually got the true Warren Buffet tax, and we ought to talk 
about that later on. You might find that interesting. So he has taken 
my bill, the Shutdown Fairness Act, and now this is his bill, the True 
Shutdown Fairness Act.
  And, again, I haven't done a word comparison, but it is probably like 
95 percent of the Shutdown Fairness Act. That is a good thing. That 
shows there are a lot of areas of agreement.
  I come from the private sector. You don't get a whole lot 
accomplished arguing all the time. It is all about finding areas of 
agreement. I have got a product; you want to buy it. Now, we will 
haggle over the price.
  I have got a product; you want to buy it. Now, we need to haggle over 
the price.
  Now, the three areas of--the differences in these bills--I think I 
have got this right. I would ask the Senator from Maryland to confirm 
that. Your bill is only for this fiscal year. My bill would just end 
this punishing Federal workers for our dysfunction forever. I mean, I 
think we should make it permanent.
  The Senator from Maryland's bill includes furloughed employees. Now, 
the fact of the matter is, when all this is said and done, when we 
finally end this dysfunction, we fund the government through an 
appropriation, and because of the 2019 Government Fair Treatment Act, 
they will get paid anyway.
  So my bill is obviously targeted to the people we are forcing to 
work, but I am not necessarily opposed to paying furloughed workers as 
well. That is something we can talk about.
  The last difference is, it limits reduction in force. And I come from 
the private sector. Nobody likes to terminate employees--nobody.
  But in the private sector when a business is facing bankruptcy, 
sometimes business owners are forced do that to preserve the other 
jobs.
  The Federal Government is $38 trillion in debt. I don't think we 
should limit the President's ability, the Chief Executive's ability, to 
properly manage the Federal Government and make the tough decisions, 
sometimes, to reduce the workforce, cut out some government functions.
  Again, that is something we can talk about.
  So, again, I think, in fairness to the more than 2 million Federal 
employees that are now being forced to work because--the term is 
``excepted,'' but that means they are essential--they are protecting 
our Nation; they are protecting our safety and security; they are 
writing Social Security checks. We need to see that they get their 
paycheck so they don't have to work Door Dash, so they don't have to go 
to food banks, so they are not under that stress.
  I am asking in good faith, let's figure out how to get that done.
  Now, I mean, I could propose--I will change the name of mine, by the 
way, if you want to call it ``true'' because I think it is the True 
Shutdown Fairness Act.
  Today, right now, I would be willing to add furloughed workers 
because we are going to pay them anyway.
  I am just asking: Would you substitute your bill; take my bill, 
substitute it in? I have actually got my staff to write the language to 
do this. It is probably not ready for prime time. You really need to 
get through leg counsel and that kind of stuff. But you would take my 
bill, add furloughed workers, and say it is a done deal? Is that 
something you would accept here today?
  Mr. VAN HOLLEN. If you are yielding the floor?
  Mr. JOHNSON. Yes, yes.
  Mr. VAN HOLLEN. The short answer is, we do want to pay all Federal 
employees because none of them should be punished, but we also don't 
want them to be fired and RIF'd during this period of time. You said, 
in the private sector, people don't like to fire employees.
  I know, Senator, you have read the remarks of Russ Vought, the head 
of OMB. He wants to visit ``trauma'' on Federal employees, and he wants 
to fire a lot of them. He has said so.
  Mr. JOHNSON. Again, I--
  Mr. VAN HOLLEN. But that is an important piece here, right, because--
  Mr. JOHNSON. Again, I am trying to keep this--let's not argue. OK? 
Let's focus on areas of agreement.
  So reduction in force, again, I think we probably have a 
philosophical disagreement there. I am not associating myself with 
anybody else's remarks. That is something that I think reasonable 
people can disagree with, and I think reasonable people can come to an 
accommodation.
  Again, we are talking about making sure that 2.8--I think is about 
the number, 2.8--million Federal employees aren't worried about getting 
their next paycheck. That so overwhelms, quite honestly, the smaller 
differences about the length of the bill or what reduction in force.
  Again, I am willing to come a long way in terms of--
  Mr. VAN HOLLEN. Let me speak.
  Mr. JOHNSON. I am willing to come a long way in terms of including 
furloughed workers. So, again, what I am suggesting is the way to do 
it--by the way, this could be a wonderful example for this body, 
working on a piece of legislation that, again, you bring it to the 
floor. We filed it--it got rule XIV'd, but we are doing it the right 
way. We are going to ask for a cloture vote on it, get it on the floor, 
open it up to amendments--perfect it. See what the body of the Senate 
wants to do with this piece of legislation that, again, we probably 
agree on 95 percent of it or higher.
  The way to do it is, when I offer my bill and we vote on cloture, 
vote for cloture. Let's get on the bill. Let's start discussing today. 
I mean, maybe if we are so successful, we find the differences are so 
slight, we can pass it by UC later in the day.
  But we do need to take this back to our conferences. We do need to go 
to the leg staff. We do need to perfect this. It will probably take it 
more time.
  Passing it by unanimous consent is not the way to do it. I appreciate 
the attempt. I appreciate the dialogue.
  That is not what I am asking. In all sincerity, for the benefit of 
those 2.8 million workers--our military, our law enforcement--let's 
take that burden off them today. Let's give them some hope to know this 
body is going to finally do something in a nonpartisan--I call it 
nonpartisan--way that we all agree on. We are going to iron out our 
differences the way you would generally do it, the way it used to be 
done: By getting onto a bill, voting for cloture, having the will to 
work its way, and then hopefully pass it early next week. That would be 
my suggestion.
  I would be willing to do it today. I don't think we could probably 
handle that. There are things to discuss. That is all I am asking.
  Would you like to respond?
  Mr. VAN HOLLEN. Thank you. Look, it would be great to work this out 
because there seems to be some agreement that Federal employees should 
not be the ones to bear the burden of a decision they had nothing to do 
with.
  I see the Republican leader is here with us on the floor.
  I think the best way to proceed would be to delay moving forward on 
the cloture vote on the motion to proceed on your bill and let's sit 
down and let's talk about whether or not we can find that common 
ground. We may not be that far apart.
  I will just say to the Senator. I will say to the Senator that if you 
give the President the authority, as your proposal currently does, to 
decide who to send home and furlough and punish--but it sounds like you 
are willing to change that--but here is the scenario I am worried 
about.
  If you listen to Russ Vought and the President, they would just fire 
those people during the shutdown. That is what they are doing. In fact, 
they are illegally firing people during the shutdown.
  Mr. JOHNSON. Like I said, I really didn't want to come and argue.
  Mr. VAN HOLLEN. OK. Why don't we sit down together.
  Mr. JOHNSON. I have to dispute that because even the National Active 
and Retired Federal Employees Association, which has endorsed my bill, 
says

[[Page S7717]]

that the bill does not single out favored political functions over its 
favored ones.
  You understand, under the Antideficiency Act, opinions from the 
Office of Legal Counsel, ``excepted employees,'' it is pretty well 
standard. There may be some tweaks back and forth, which is what you 
give latitude to the executive branch.
  Again, I am willing to sit down. I am sure the Republican conference 
is willing to sit down and say: OK. What should we do?
  I think Congress has given way too much authority to the executive 
branch. I don't mind dialing that back a little bit. But, again, the 
way to approach that is let's get on the bill; let's talk about it; 
let's offer amendments--amendments that pass by voice vote--and let's 
get it done.
  There is a lot of pressure on all of us. We all want to get this 
done.
  But, again, passing by unanimous consent is not the way to get it 
done. The way to get it done is the way the process should work. I 
mean, wouldn't it be wonderful to actually see the process work in the 
Senate?
  You know, again, I realize you don't like--
  Mr. VAN HOLLEN. I would love to see that.
  Mr. JOHNSON. Let's get on the bill. And then let's sit down in good 
faith. Let's hammer out amendments, and let's get the thing passed next 
week. Let's do that. That is all I am asking.
  I honestly hate to object to this. I don't want to. OK? But, again, 
this is not the way to pass it.
  So, again, I will speak to my bill. I know we have got to get to 
votes and that kind of stuff. But again, truthfully, in as good of 
faith as I possibly can be, we have to get this done, and the way to do 
that is vote to get on the bill. Let's sit down and talk in good faith, 
and let's hammer out--it might be pretty minor differences when all is 
all said and done.
  With that, Mr. President--
  Mr. VAN HOLLEN. Let me just say, Mr. President, just to say to 
Senator Johnson: I am more than happy to sit down with you. I think we 
should do that maybe later today, get our teams together and see if we 
can resolve some of these points because if we have the shared view 
that, No. 1, no Federal employee should be punished for something they 
had nothing to do with--and then, at least for the period of the 
shutdown, the President should not be able to fire additional people, 
which is, I think you well know--and this was partly considered by the 
Federal court already--the President actually has less authority to do 
it in a shutdown than when the government is open.
  But I don't want to debate these issues on the floor right now.
  Mr. JOHNSON. Sure.
  Mr. VAN HOLLEN. I am more than happy to sit down with your team and 
try to resolve this.
  Mr. JOHNSON. Let me address that. I think this brinkmanship has got 
to end. I have been here 15 years. We should have passed 180 
appropriations bills before the end of the fiscal year. We passed six. 
A lot of people worked in good faith to do that. OK.
  It is obviously broken. We have got to start working on 
appropriations and budget reform. We have to start working on that 
together. OK?
  But my guess is, part of what has happened with the reduction in 
force is that brinkmanship, trying to get you folks to just agree to 
what you have done 13 times. Just open up the government, and then we 
will talk. OK? We are more than open to talk.
  But anyway, again, I am literally begging you, please, when we vote 
on cloture, vote to get on the bill, and then let's go through the 
amendment process, and let's get it done quickly.
  Again, there is not that big of difference. We can get this done.
  Again, I hate to do this, but with that, I will object and just, 
again, beg you.
  The PRESIDING OFFICER (Mr. Hagerty). Objection is heard.
  Mr. JOHNSON. Let's get on the bill.
  The PRESIDING OFFICER. The Senator from Maryland.
  Mr. VAN HOLLEN. As I said to the Senator from Wisconsin, I am happy 
to sit down with him and his team to see if we can put together a 
proposal based on the principle that no Federal employee should have to 
bear the burden and the pain of a decision they had nothing to do with 
as well as many of these Federal contractors who are also involved. So 
I welcome the chance to sit down with the Senator from Wisconsin.
  I also hope that the President of the United States will sit down 
with Democrats to resolve the overall issue and open the government. 
That way we wouldn't even have to go through this exercise right now.
  With that, I want to yield the floor to my colleague from Maryland 
Senator Alsobrooks.
  The PRESIDING OFFICER. The Senator from Maryland.
  Ms. ALSOBROOKS. Mr. President, thank you, first of all, to my 
colleague Senator Chris Van Hollen for yielding, and I also want to 
thank the senior Senator from Maryland for his work on this 
legislation, the True Shutdown Fairness Act.
  Senator Van Hollen is a tremendous partner on this critical issue and 
an advocate for the thousands of Federal workers in our great State.
  Maryland is home for 494,000 Federal workers and Federal contractors 
and 34,000 uniformed military personnel. Many of these Marylanders have 
spent their lives serving their fellow Americans, fighting to defend 
our country, ensuring our food and water are safe, making sure our 
parents and grandparents get their Social Security checks, and 
researching cures to cancer.
  That they have been characterized by this administration as an enemy 
worthy of trauma is repugnant. If you live in Maryland, you know a 
Federal worker. They are your friend. They are your neighbors. They are 
the people like my grandmother Sarah Daisy.
  You see, Sarah Daisy worked as a housekeeper in Washington, DC, but 
dreamed her entire life of working for the Federal Government. Back 
then--and many will recall--she had to pass a civil servants exam, 
which included a typing test, in order to work for the Federal 
Government, but she couldn't afford a typewriter and didn't know how to 
type. So she taped a white piece of paper on her refrigerator. She drew 
a keyboard on that piece of paper and stood in front of her 
refrigerator in her one-bedroom apartment every night and taught 
herself the key strokes.
  Well, Sarah Daisy passed the exam and got herself a job working in 
the Federal Government. It was her dream.
  She worked in the Hoffman Building. She would always tell me about 
it. I can vividly remember her saying that she was so proud that she 
walked past this general and that general in the hallway. She was very, 
very proud. And I am honored to be her legacy and to be fighting for 
the countless Marylanders, just like Sarah Daisy, who are being so 
cruelly targeted by this administration.
  Now, thanks to Republicans in this body who have chosen to follow 
this President's order and shut down the government, many of our 
Federal workers are working without pay still in service to our 
country. The rest have been furloughed through no fault of their own.
  Our ask today is simple: Pay them for the jobs that they were hired 
to do.
  We are now in day 23 of this Republican shutdown, and let us not 
mince words. Republicans hold the keys to the kingdom. They have 
control over the White House. They have majorities in this Chamber and 
in the House. And what have they done with that power? Has the cost of 
your groceries gone down? No. Has the cost of housing gone down? No. 
Has our economy gotten stronger? Absolutely not.
  What have they done? Shut down the government. That is it.
  This shutdown is on them. We know it; they know it; and the American 
people know it. It has been 23 days of this administration refusing to 
come to the table in good faith and negotiate a plan to keep the 
government open and make sure that healthcare is affordable and 
accessible for millions of Americans. It has been 23 days of this 
administration using the shutdown as an excuse to further target 
Federal workers who are my constituents.
  My State is home to 494,000 Federal workers and contractors. All of 
them are feeling the pain from this President's refusal to do what he 
supposedly loves to do best, make a deal.
  Right before the shutdown began, the very sinister Office of 
Management and Budget Director Russell Vought instructed Agencies to 
use a shutdown as

[[Page S7718]]

an opportunity to issue permanent government layoffs. Vought then began 
circulating a memo that would seem to challenge the legality of 
furloughed workers receiving backpay.
  By the way, Congress passed a bipartisan law ensuring their backpay 
during the last Trump administration.
  Yet this administration continues to disregard the rule of law. Just 
last week, Vought ominously tweeted: ``The RIFs have begun.'' He then 
directed Federal Agencies to begin illegally terminating thousands of 
Federal employees.
  This is a man who is outwardly, in a very sinister way, taking 
pleasure in harming Federal workers.
  Hours later, President Trump and Secretary Kennedy fired more than 
1,700 more people from the Department of Health and Human Services, 
including staffers that work to prevent measles outbreaks, before 
admitting they had sent nearly half of the notices to employees at the 
CDC in error.
  Imagine that, with a family to support, you get a notice that you are 
fired before getting another email, hours later, telling you that your 
RIF has been rescinded. The chaos and the cruelty are unconscionable. 
Thousands of dedicated civil servants have been shown the door by an 
administration that, in the words the Office of Management and Budget 
Director Russell Vought, has said that it is his intention--he said he 
hopes that Federal workers will no longer want to come to work because 
they will be in so much ``trauma.'' He also said that he hoped they 
would feel like villains.
  So there has been a systemic dismantling of our Federal Government, a 
witch hunt targeting patriotic people across this country who raised 
their hand to serve the American people.
  All of this chaos is needless. It is a manufactured crisis. So many 
Marylanders would like to show up to work today and serve the American 
people, but they have been left behind by this administration. Hundreds 
of thousands of civil servants have been either furloughed or forced to 
work without pay, all because this President decided to shut down the 
government instead of lowering healthcare costs for Americans.
  We need to ensure our workers are paid. The truth of the matter is we 
are now just 9 days away from open enrollment beginning, when Americans 
will begin to sign up for their healthcare plans for next year, and 
they are already facing sticker shock.
  Even with the State stepping in, a 60-year-old couple living in 
Salisbury, MD, making $90,000 a year, will pay $1,100 more per month--
per month--for healthcare. They will have to pay $1,100 more per month 
next year. For a family of four in Maryland, making around $128,000 a 
year--and for context, that is the combined salary of a firefighter and 
a teacher--they will be paying $1,427 per month next year versus $916 
this year.
  If the President and our colleagues on the other side of the aisle 
get their wish and allow the tax credits to expire, nearly 90,000 
Marylanders could be priced out of their health insurance all together. 
So we will keep fighting for healthcare because it is what Americans 
deserve.
  But this chaos is unsustainable, and we must have faith that, soon, 
this season will be over.
  I know, soon, there will be a morning not like the morning we have 
awakened to today. Today's morning brings about chaos and fear and 
confusion and division. But I know soon there will be another morning 
where Americans will wake up across our country and not fear that they 
will not be able to afford rent, groceries, and healthcare.
  Right now, it is our duty as Members of the U.S. Senate to pay our 
Federal workers. Our government will cease to function if we do not. 
And the damage, I fear, is irreparable.
  Yet, just like Russ Vought, my colleagues today are picking winners 
and losers, putting forth legislation that made sure only excepted 
workers are paid, instead of the entirety of the Federal and military 
workforce that has been held hostage by this Republican shutdown.
  We cannot cherry-pick who gets paid during a shutdown based on our 
perception of the political affiliations of our patriotic civil 
servants. We must pass legislation that ensures our Federal workers 
receive the paychecks that they have earned.
  Around 750,000 Federal employees have been furloughed this month at 
no fault of their own. Hundreds of thousands of these employees live in 
our region--in Maryland, Virginia, and the District. Senator Johnson's 
bill would ignore these dedicated workers, leaving them to continue to 
go without a paycheck while President Trump refuses to get back to the 
bargaining table.
  They cannot afford to wait for the President to tire of throwing 
celebratory picnics or tearing down the White House for a gilded 
ballroom. They cannot afford to wait for Speaker Johnson and House 
Republicans to actually show back up to work.
  In case some of my colleagues on the other side of the aisle have 
forgotten, Federal workers don't just serve Democrats. They serve every 
American citizen who needs their help. Researching cures for cancer 
isn't just for people who live in blue States. Making sure that people 
get their Social Security checks isn't some leftwing conspiracy.
  I would assume that everyone in this body agrees that Americans 
should get paid for their labor. Well, if you believe that, you will 
support our bill.
  It took courage and dedication for my grandmother, Sarah Daisy, to 
learn a new skill in order to serve her country. Each day, our armed 
servicemembers and civil servants show courage and dedication to serve 
and protect our country from harm, to make it a better place. Let's 
show courage today, work together, and pay all Federal workers because 
we all know Federal workers are Republicans, Democrats, and 
Independents. They are not political pawns. They are patriots.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Michigan.
  Mr. PETERS. Mr. President, I ask unanimous consent to have myself and 
Senator Johnson be permitted to complete our remarks prior to the 
scheduled rollcall vote.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                   Unanimous Consent Request--S. 3043

  Mr. PETERS. Mr. President, I rise, today, to request unanimous 
consent to pass my Military and Federal Employee Protection Act.
  I understand my colleague from Wisconsin objected to Senator Van 
Hollen's proposal. While I support my colleague from Maryland's 
legislation, I am going to offer an alternative, an alternative that is 
very, very straightforward.
  It seems to me that we all agree in this Chamber that we want to pay 
our Federal workers. My bill will do just that and nothing else.
  The Military and Federal Employee Protection Act provides pay for 
members of the military, Federal employees, and Federal contractors who 
have been denied paychecks during the government shutdown.
  Let's be honest on why we are all here. The shutdown is not an 
accident. Republicans, right now, are refusing to negotiate with 
Democrats on a bipartisan solution to help address the healthcare 
crisis. As a result of that, Federal workers are paying a price. My 
bill ensures that no worker is left behind during this difficult 
period.
  Congress has already guaranteed that all employees receive their 
paycheck when a shutdown ends. In 2019, Congress voted overwhelmingly 
for a bill to provide all employees backpay once a shutdown ends, and, 
actually, President Trump signed that bill into law. So the government 
is already required to pay all of its workers.
  What my bill does, very simply, is it just ensures that these workers 
can actually, now, pay their bills that are coming due this month. 
Those bills aren't going to be postponed. They need to be paid this 
month.
  While I appreciate my colleague's interest to ensure all workers are 
paid--I appreciated the comments that Senator Johnson made--my 
legislation will provide pay for all servicemembers, Federal employees, 
and contractors that have missed paychecks due to the shutdown. But it 
doesn't do other stuff that his bill does, which gives President Trump 
an unlimited blank check to pick winners and losers. We are just 
focused on what I think all of us agree on.
  This legislation that I am offering is the absolute simplest path 
forward to pay our workers. We all say we agree on this. So let's just 
pass this bill now and get workers their paycheck.

[[Page S7719]]

  I am going to continue to work to end the shutdown and address the 
healthcare crisis. But in the meantime, let's protect our 
servicemembers and our Federal employees, not put other stuff in the 
bill, just pay them so they can meet their bills as they arise.
  I ask unanimous consent that the Senate proceed to the immediate 
consideration of S. 3043, introduced earlier today; that the bill be 
considered read a third time and passed; and that the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Is there objection?
  The Senator from Wisconsin.
  Mr. JOHNSON. Mr. President, reserving the right to object, again, I 
will condense my remarks because so much of what I want to say I 
already said to the Senator from Maryland.
  I think it is interesting that the Senator from Michigan supports the 
Senator from Maryland's bill, which is a more comprehensive bill, I 
think. I only saw this now and hope I get it right. But I think yours 
is just limited to the time period from the shutdown until the bill is 
passed, and then we are in the same situation: The shutdown continues.
  Hopefully, it won't. You know there is a way of doing it. Just vote 
for the clean CR.
  But, again, I really don't want to object to these bills, but in this 
case, I understand the way to pass this into law--as I was speaking to 
the Senator from Maryland today, as he exited the Chamber: Wouldn't 
this be a wonderful demonstration for the Senate, the Congress, for 
America of how you pass a piece of legislation? If you take the bill--I 
realize you don't 100-percent agree with my Shutdown Fairness Act. 
Fine. I think we are 90-plus percent in agreement on it.
  You vote for cloture to get on the bill. Then you work in good faith 
on the areas of disagreement. Let the Senate work its will through the 
Member process.
  This is a small piece of legislation. It is an incredibly important 
piece of legislation. It is incredibly important because we all agree 
that we don't want to make Federal employees pay for the dysfunction of 
this body.
  Let's first demonstrate that this body can actually function the way 
it is intended to function, which is to write a bill, get it filed, 
have the leader file cloture on it, and have the body vote to proceed 
to the bill with 60 votes.
  We don't need all of you. We need about seven of you, eight of you. 
OK? Have eight of you agree to get on the bill. Then we will work in 
good faith and make sure that we don't make Federal employees pay for 
our dysfunction.
  Again, I do have to object. But, again, I am urging--I am begging--
colleagues from the other side of the aisle to vote for cloture, and 
let's iron out these differences and make the Federal employees whole.
  I object.
  The PRESIDING OFFICER. Objection is heard.
  The Senator from Michigan.
  Mr. PETERS. Mr. President, I appreciate the comments of my colleague 
from Wisconsin. We have worked on a lot of bills together. We have come 
together to find common ground on some, at times, contentious issues.
  I agree about the 90 percent comment that Senator Johnson mentioned. 
What I am actually proposing right now is that 90 percent. It is really 
simple. This is as simple a bill as you can get.
  We can show the American people that we come together on a bill that 
is really straightforward--no gotchas, no language that might trip 
people up. Pay folks. Make sure they are made whole, if this passes, so 
they can pay their bills, and we can continue to deal with the other 
issues of the day.
  I think this would be an example of bipartisan, coming together 
unanimously to say that here is a bill that will pay servicemembers and 
Federal employees and contractors, make them whole so they can make 
their bills.
  We don't need to have a protracted process. This is a simple issue if 
we focus on the 90 percent we agree on, and that is what this bill is. 
It is the 90 percent.
  I would hope we can pass it today and put the minds at ease of 
hundreds of thousands of folks all across the country.
  The PRESIDING OFFICER. The Senator from Wisconsin.
  Mr. JOHNSON. So now we will proceed to the cloture vote on the 
Shutdown Fairness Act.
  In response to this, quickly. It is unrealistic to expect almost any 
piece of legislation to pass by unanimous consent, a bill that has just 
been introduced that exact morning. No matter how simple it is, there 
are going to be people who are going to object. So that is why the 
process is to file a bill, to file for cloture, and to proceed to get 
on the bill, to have the amendment process, and to go through the 
process. It can go very quickly, but doing this by unanimous consent is 
just unreasonable. So that is unfortunate. Again, the solution here is 
to vote for cloture to get on the bill, the Shutdown Fairness Act.

  Now, I will try and keep my remarks reasonably short. I was allotted 
20 minutes, but I know people are already here on the floor to vote, so 
I am mindful of that, but this is just a quick, little history of my 
experience since I got here in 2011.
  This is our fourth shutdown now, and we are on the 23rd day. We have 
had 55 continuing resolutions. Again, I didn't vote for all of them, 
but I voted for many of them. You know, other colleagues on both sides 
have voted for those. I mean, generally, the fight is over. Let's just 
have a clean CR; let's not junk it up with policies. That is the 
loggerhead here. One side refuses to just do a clean CR. We have had 12 
either increases or suspensions of the debt ceiling, and we have just 
surpassed $38 trillion in debt.
  I realize people work in good faith on the budget process. I am on 
the Budget Committee and have been on the Appropriations Committee. I 
see the former chair and ranking member of the Appropriations Committee 
on the floor here. The sad fact is, since I have been here, we should 
have passed 180 appropriations bills prior to the end of the fiscal 
year that we are going to fund, but we have only passed 6. That is a 
96.7-percent failure rate. It is clearly broken. The budget and 
appropriations process is broken.
  Rather than spending weeks arguing over how do you get the government 
back open, I would much rather sit down in a nonpartisan way and go, 
How can we fix this? Can we go to 2-year appropriations cycles? I mean, 
what can we do to the budget process? I mean, I would much rather talk 
about that.
  I understand that there is a lot of bipartisan agreement on 
proposals, but we will never get to that if we are literally mired 
down. Last year, it took us 6 months to finally fund the government 
with a continuing resolution. This is beyond ridiculous. So, again, 
this is a bipartisan problem here. I am not placing blame anywhere. It 
is just a bipartisan problem.
  Unfortunately, we haven't passed any appropriations. I have pointed 
out before that the Democrats voted 13 times during the Biden 
administration for a clean CR at Biden's spending levels. Now they are 
saying, no, they won't.
  Of course, their leader, in doing that on January 16, 2024, said:

       Passing a clean CR this week is important for two main 
     reasons: First, passing the CR will avert a harmful and 
     unnecessary government shutdown. No reasonable Member of 
     either side, Democrat or Republican, wants a government 
     shutdown.

  That was not Leader Thune saying that. That was then-Leader Schumer 
saying that, and now he has, obviously, completely changed his tune.
  I did point this out, and this is important to understand because the 
other side is saying: Look, why don't you sit down and negotiate and 
compromise?
  The House could have passed a CR with $1.5 trillion in spending cuts 
to match the CR proposed by the Democrats of $1.5 trillion in new 
spending. OK. There you go. Now you have got something to compromise 
on. That is not what the House did. The House said: Well, let's do what 
we did 13 times under the Biden administration. Let's just pass a clean 
CR at Biden's level and really beg the Democrats to say yes, but they 
haven't been willing to do that.
  Again, I know people are waiting to vote, and I am not going to talk 
about the issue: you know, the fact that ObamaCare is causing premiums 
to skyrocket and what they are demanding, in terms of extending the 
enhanced

[[Page S7720]]

subsidies that were supposed to be temporary. They set the expiration 
date. It is ObamaCare that is causing premiums to be unaffordable, and 
they want those enhanced premiums to mask the failure of ObamaCare, but 
I won't get into detail on that.
  I will talk about--this is day 23. We are forcing about 2.8 million 
Federal workers to work--military, law enforcement, people who write 
Social Security checks, and air traffic controllers who are keeping our 
skies safe--but we are not paying them. That is absurd. What is even 
more absurd is they will get paid. Whether they are working or 
furloughed, they will get paid because of the Government Employee Fair 
Treatment Act of 2019. Once this ends--I am assuming it will end with 
an appropriation--they will get paid.
  With the Shutdown Fairness Act, all it asks--all it does--is to 
recognize that reality. It shouldn't cost a dime. The CBO has an 
alternate universe score on this. There is a zero score. This doesn't 
cost the Federal Government a dime. It just pays the workers who are 
being forced to work. Pay them now and not later. It makes incredible 
common sense.
  I will end with a surprising support letter I got from the National 
Active and Retired Federal Employees Association that pretty well 
battens down all the arguments against this bill. It doesn't change the 
government's obligation to pay furloughed employees. They will get 
paid. It does not single out favored political functions over 
disfavored ones. Again, President Trump is, by and large, honoring the 
past opinions of the Office of Legal Counsel's Antideficiency Act.
  They say that they don't believe that it is empowering the 
administration to pick and choose what activities it carries out. It 
includes to say that the American public relies on the full scope of 
Federal Agency missions that are funded via appropriations, and 
political pressures that exist to advance appropriations bills will 
remain to encourage resolution.
  Mr. SCOTT of South Carolina. Vote?
  Mr. JOHNSON. No, we are not there yet. I am sorry. I will conclude 
quickly.
  The bottom line is, as I talk to the Senator from Maryland, the way 
to pass this law--the way to protect Federal workers--isn't with the 
unanimous consent request of a bill nobody has ever seen; it is to vote 
for cloture on the Shutdown Fairness Act. Let's work out the 
differences. We agree on 95 percent of it. Let's work out those 
differences and vote for cloture. We can get this passed, I think, 
early next week. With that, I will conclude my remarks on that.


                   Nomination of Rebecca L. Taibleson

  Mr. President, I should be speaking for about 5 minutes on the 
wonderful nomination of Rebecca Taibleson, but I know everybody wants 
to vote.
  She did a wonderful job in Judiciary. She is a highly qualified 
lawyer. She will make a wonderful judge for the Seventh Circuit. I urge 
all of my colleagues to vote for cloture on her nomination.
  With that, I yield the floor.

                          ____________________