[Congressional Record (Bound Edition), Volume 157 (2011), Part 2]
[Senate]
[Page 2859]
[From the U.S. Government Publishing Office, www.gpo.gov]




 PROHIBITING MEMBERS OF CONGRESS AND THE PRESIDENT FROM RECEIVING PAY 
                      DURING GOVERNMENT SHUTDOWNS

  Mrs. BOXER. Mr. President, I ask unanimous consent that the Homeland 
Security and Governmental Affairs Committee be discharged from further 
consideration of S. 388 and the Senate proceed to its immediate 
consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The assistant legislative clerk read as follows:

       A bill (S. 388) to prohibit Members of Congress and the 
     President from receiving pay during Government shutdowns.

  There being no objection, the Senate proceeded to consider the bill.
  Mrs. BOXER. Mr. President, I ask unanimous consent that the bill be 
read the third time and passed; that the motion to reconsider be laid 
upon the table, with no intervening action or debate; and that any 
statements relating to the matter be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 388) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                 S. 388

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PROHIBITION ON PAY DURING GOVERNMENT SHUTDOWN.

       (a) In General.--Members of Congress and the President 
     shall not receive basic pay for any period in which--
       (1) there is more than a 24-hour lapse in appropriations 
     for any Federal agency or department as a result of a failure 
     to enact a regular appropriations bill or continuing 
     resolution; or
       (2) the Federal Government is unable to make payments or 
     meet obligations because the public debt limit under section 
     3101 of title 31, United States Code, has been reached.
       (b) Retroactive Pay Prohibited.--No pay forfeited in 
     accordance with subsection (a) may be paid retroactively.

  Mrs. BOXER. Mr. President, in 1 minute or less, I thank the occupant 
of the Chair very much for his strong cosponsorship of this bill, along 
with other colleagues.
  Basically, we are saying that if we fail to keep this government 
open, or to lift the debt ceiling, we Members of Congress should not 
receive our pay. It is pretty straightforward.
  I thank Senator Coburn. He had objected earlier. He backed off of his 
objection. He will make his own case for the Record.
  He is making the case that Federal employees, such as nurses, or 
Superfund cleanup workers, or Border Patrol agents never get 1 penny of 
reimbursement or back pay. I think that is, in essence, unfair, if we 
have a government shutdown, to put it on the backs of the middle-class 
people who don't want to stay home; they want to work. I am glad he is 
allowing this to move forward.
  We certainly will now ask our friends on the other side of the 
Capitol and Speaker Boehner to take this bill up post haste and get it 
going. Let's avoid a shutdown but make it clear that if there is one, 
we are going to take our lumps just like other Federal workers. I hope 
this will help avert a shutdown.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New Jersey.

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