[Congressional Record (Bound Edition), Volume 159 (2013), Part 1]
[Senate]
[Pages 823-826]
[From the U.S. Government Publishing Office, www.gpo.gov]




  ENSURING THE COMPLETE AND TIMELY PAYMENT OF THE OBLIGATIONS OF THE 
                  UNITED STATES GOVERNMENT--Continued


                            Amendment No. 7

  The PRESIDING OFFICER. Under the previous order, there will be 2 
minutes of debate equally divided prior to a vote in relation to 
amendment No. 7 offered by the Senator from Ohio, Mr. Portman.
  The Senator from Ohio.
  Mr. PORTMAN. Madam President, this amendment is a commonsense 
amendment that would end government shutdowns as well as keep us from 
facing these last-minute budget deals. For all regular programs or 
activities for which an appropriation bill has not been approved, the 
End Government Shutdowns Act would automatically continue funding--no 
significant disruption, no crisis for citizens, no furloughed 
employees, and no rush to approve a budget agreement that folks simply 
haven't read.
  It doesn't take pressure off lawmakers altogether, however, because 
it forces us to complete our work by saying that after 120 days, 
spending would be reduced by one percentage point and then every 90 
days by one more percentage point. It would force the administration, 
Congress, and Members of both parties to come together to make sure we 
have regular order and we have a process by which we have to get 
appropriations bills done, which we haven't been doing around here.
  Instead of bouncing from crisis to crisis worrying about government 
shutdowns and having to vote on rush bills that Members haven't read 
and staff haven't had time to review, this is a more sensible and 
logical way to proceed. The American people expect us to do it and I 
hope we get support from both sides of the aisle on this bipartisan 
approach.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Maryland.
  Ms. MIKULSKI. Madam President, I oppose the amendment. It would 
trigger an automatic CR if Congress doesn't pass appropriations bills 
or a CR.
  I understand the Senator's goal, but I oppose the amendment for three 
reasons: One, the amendment is really about cutting; it is not about 
keeping the government open. It includes an automatic CR with a 1-
percent cut every 90 days, which means it would be compounded--these 
would be compounded cuts by compounded interest--if the Congress does 
not pass an appropriations bill. So a cut every 90 days would be a 1-
percent cut, and then the following 90 days another 1 percent.
  The amendment gives up Congress's constitutional responsibility. If 
we go on auto pilot, it gives the major power of the purse, which is 
mandated in the Constitution, to OMB and Cabinet officers--essentially 
nonelected political appointees. I don't think the Congress or the 
American people want to give the power of the purse to nonelected 
political appointees. Also, I agree we need to get back to regular 
order.
  Madam President, because I disagree with this amendment, I move to 
table the Portman amendment and ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  There is a sufficient second.
  The question is on agreeing to the motion.

[[Page 824]]

  The clerk will call the roll.
  The assistant bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Massachusetts (Mr. 
Kerry) and the Senator from Washington (Mrs. Murray) are necessarily 
absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 52, nays 46, as follows:

                       [Rollcall Vote No. 7 Leg.]

                                YEAS--52

     Baldwin
     Baucus
     Begich
     Bennet
     Blumenthal
     Boxer
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Coons
     Donnelly
     Durbin
     Feinstein
     Franken
     Gillibrand
     Harkin
     Heinrich
     Heitkamp
     Hirono
     Johnson (SD)
     Kaine
     King
     Klobuchar
     Landrieu
     Lautenberg
     Leahy
     Levin
     Manchin
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murphy
     Nelson
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schatz
     Schumer
     Shaheen
     Stabenow
     Udall (CO)
     Udall (NM)
     Warner
     Warren
     Whitehouse
     Wyden

                                NAYS--46

     Alexander
     Ayotte
     Barrasso
     Blunt
     Boozman
     Burr
     Chambliss
     Coats
     Coburn
     Cochran
     Corker
     Cornyn
     Crapo
     Cruz
     Enzi
     Fischer
     Flake
     Graham
     Grassley
     Hagan
     Hatch
     Heller
     Hoeven
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Kirk
     Lee
     McCain
     McCaskill
     McConnell
     Moran
     Paul
     Portman
     Risch
     Roberts
     Rubio
     Scott
     Sessions
     Shelby
     Tester
     Thune
     Toomey
     Vitter
     Wicker

                             NOT VOTING--2

     Kerry
     Murray
       
  The motion was agreed to.
  The PRESIDING OFFICER. The majority leader.
  Mr. REID. Madam President, we have four more votes. They have all 
been ordered, just like this one was, as 10-minute votes. We are going 
to stick with that. If people are not here--whether you have been here 
for 30 years or 3 days--we are going to close the vote. People have a 
lot of important things to do this afternoon. We cannot delay these 
votes. This vote was 10, 15 minutes over what it should be. We are not 
going to do that this afternoon. The next vote will be 10 minutes, plus 
the 5-minute penalty period. That is it.


                            Amendment No. 8

  The PRESIDING OFFICER. Under the previous order, there will be 2 
minutes of debate equally divided prior to a vote in relation to 
amendment No. 8 offered by the Senator from Pennsylvania, Mr. Toomey.
  The Senator from Pennsylvania.
  Mr. TOOMEY. Madam President, the underlying bill we are going to vote 
on in a little while suspends the debt ceiling for a period of time, as 
we all know. My amendment does not change that fact, but it addresses 
one of the consequences of that fact.
  The fact is this bill suspends the debt ceiling, but it does not 
resolve the underlying problem. So we are going to be back here in a 
few months with the same impasse we have had in the past: What do we do 
about the mounting debt? What do we do about having reached the debt 
ceiling? Will we do anything about curbing the spending that is driving 
this problem?
  My point is we are going to be back at this situation where we will 
have reached the debt limit once again, we will be at this impasse as 
to how to resolve this situation, and none of us can possibly know 
today how quickly that will be resolved. We cannot know how the other 
body will vote, how this body will vote, the President--we cannot know.
  It seems to me, given the inherent uncertainty, we ought to at least 
have a contingency plan that minimizes any disruption in the event that 
the debt ceiling is not raised immediately upon reaching the expiration 
of this period. That is what this amendment is all about.
  My amendment is about minimizing the risk of disruption in the event 
that the debt ceiling is not raised at the moment the time expires. 
What it does is it instructs the Treasury Secretary to prioritize three 
categories of payments.
  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. TOOMEY. Madam President, I ask unanimous consent for 30 seconds.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. TOOMEY. This amendment would prioritize interest on our debt, 
Social Security payments, Active-Duty military, and authorize the 
Treasury to raise the debt ceiling as necessary to cover those three 
categories.
  I urge my colleagues to support the amendment.
  I thank the Chair.
  The PRESIDING OFFICER. The Senator from Montana.
  Mr. BAUCUS. Madam President, I appreciate the intent of the Senator 
from Pennsylvania. When we stop and think about this amendment, it 
reminds us of the movie and the book ``The Hunger Games.'' In ``The 
Hunger Games,'' you will recall, children were pitted against each 
other until one survived.
  Under this amendment, there are three categories that are protected: 
military pay, Social Security, and bondholders. Everybody else is out 
for him or herself. The Treasury Secretary would have to decide who 
gets what money, what funds--whether it is food stamps, whether it is 
Medicare, whether it is Medicaid, whether it is the Coast Guard; 
whatever it is, it would be total chaos, and people who would find 
their food stamps cut would find themselves in greater hunger.
  This is a very disruptive amendment. If you think the country is 
worried about a lack of confidence now, if this were the law, there 
would be less confidence, there would be total chaos in this country. I 
cannot think of a more disruptive amendment that would cause so many 
problems. It truly is a ``hunger games'' amendment and I urge that we 
table the amendment.
  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. BAUCUS. Madam President, I move to table the Toomey amendment and 
ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is on agreeing to the motion.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Massachusetts (Mr. 
Kerry) and the Senator from Washington (Mrs. Murray) are necessarily 
absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 53, nays 45, as follows:

                       [Rollcall Vote No. 8 Leg.]

                                YEAS--53

     Baldwin
     Baucus
     Begich
     Bennet
     Blumenthal
     Boxer
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Donnelly
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Heinrich
     Heitkamp
     Hirono
     Johnson (SD)
     Kaine
     King
     Klobuchar
     Landrieu
     Lautenberg
     Leahy
     Levin
     Manchin
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murphy
     Nelson
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schatz
     Schumer
     Shaheen
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Warner
     Warren
     Whitehouse
     Wyden

                                NAYS--45

     Alexander
     Ayotte
     Barrasso
     Blunt
     Boozman
     Burr
     Chambliss
     Coats
     Coburn
     Cochran
     Collins
     Corker
     Cornyn
     Crapo
     Cruz
     Enzi
     Fischer
     Flake
     Graham
     Grassley
     Hatch
     Heller
     Hoeven
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Kirk
     Lee
     McCain
     McConnell
     Moran
     Murkowski
     Paul
     Portman
     Risch
     Roberts
     Rubio
     Scott
     Sessions
     Shelby
     Thune
     Toomey
     Vitter
     Wicker

                             NOT VOTING--2

     Kerry
     Murray
       
  The motion was agreed to.


                            Amendment No. 9

  The PRESIDING OFFICER. Under the previous order, there will be 2 
minutes of debate equally divided prior to a vote in relation to 
amendment No. 9, offered by the Senator from Kentucky, Mr. Paul.

[[Page 825]]


  Mr. PAUL. This amendment would stop the transfer of F-16s and Abrams 
tanks to Egypt. Egypt is in danger of unraveling. Egypt is currently 
ruled by martial law. I think it is unwise to give our most 
sophisticated weaponry to a country in such disarray. I think it is 
unwise to give our most sophisticated weaponry to a country ruled by a 
President who recently said that Jews are bloodsuckers and descendents 
of apes and pigs.
  I hope my colleagues will consider the ramifications of continuing to 
arm such an unstable regime, and I urge a vote in support of ending 
arms sales at this point to Egypt.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Madam President, I rise in opposition to the amendment.
  Would that this amendment were as simple as the junior Senator from 
Kentucky described. His amendment would hinder our military assistance 
program and licenses for commercial sales of all major military 
equipment, including aircraft, ships, tanks, other armored vehicles, 
and so on.
  Ending these contracts would not only mean a loss of thousands and 
thousands of American jobs, it would incur more than $2 billion in 
contract termination penalties for U.S. taxpayers. We would also put at 
risk our access to the Suez Canal, the overflights of the U.S. Air 
Force over Egyptian territory, cooperation on the Sinai, Gaza, Syria, 
and elsewhere in the Middle East and North Africa--a part of the world 
where we need all the allies we can get--and our emphasis on the 
ability to keep the Israeli-Egyptian peace agreement going.
  Do I have problems with the way the Morsi government is going? 
Certainly. But removing our ability to be involved with keeping that 
peace agreement and our ability to influence, this is not the way to do 
it.
  It is shortsighted and harmful to U.S. security arrangements.
  I move to table the amendment, and I ask for the yeas and nays.
  The PRESIDING OFFICER (Ms. Warren). Is there a sufficient second?
  There appears to be a sufficient second.
  The question is on agreeing to the motion.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Massachusetts (Mr. 
Kerry) and the Senator from Washington (Mrs. Murray) are necessarily 
absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 79, nays 19, as follows:

                       [Rollcall Vote No. 9 Leg.]

                                YEAS--79

     Alexander
     Ayotte
     Baldwin
     Barrasso
     Baucus
     Begich
     Bennet
     Blumenthal
     Blunt
     Boxer
     Brown
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coburn
     Cochran
     Collins
     Coons
     Corker
     Donnelly
     Durbin
     Enzi
     Feinstein
     Flake
     Franken
     Gillibrand
     Graham
     Hagan
     Harkin
     Hatch
     Heinrich
     Heitkamp
     Hirono
     Hoeven
     Inhofe
     Isakson
     Johanns
     Johnson (SD)
     Johnson (WI)
     Kaine
     King
     Kirk
     Klobuchar
     Landrieu
     Lautenberg
     Leahy
     Levin
     Manchin
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murphy
     Nelson
     Portman
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schatz
     Schumer
     Shaheen
     Stabenow
     Tester
     Toomey
     Udall (CO)
     Udall (NM)
     Warner
     Warren
     Whitehouse
     Wicker
     Wyden

                                NAYS--19

     Boozman
     Coats
     Cornyn
     Crapo
     Cruz
     Fischer
     Grassley
     Heller
     Lee
     Moran
     Paul
     Risch
     Roberts
     Rubio
     Scott
     Sessions
     Shelby
     Thune
     Vitter

                             NOT VOTING--2

     Kerry
     Murray
       
  The motion was agreed to.


                   Motion to Commit With Instructions

  The PRESIDING OFFICER. Under the previous order, there will be 2 
minutes of debate equally divided prior to a vote in relation to the 
motion to commit offered by the Senator from Louisiana.
  The Senator from Louisiana.
  Mr. VITTER. Madam President, I have a very simple, straightforward 
motion to commit. It would commit the bill back to the Finance 
Committee for 7 days only with instructions to find savings--cuts--
equal to the amount this bill would increase the debt limit--very 
simple, very straightforward, and very reasonable. This would only take 
$30 billion to $40 billion a year, which is very doable.
  The American people are asking when we are going to turn to the 
spending side of the equation. President Obama talked all through the 
campaign about balance. Well, we have had the tax increases. Now we are 
having the debt increases. When are we going to have any new spending 
cuts? This would at least start, in a modest way, on some reasonable 
spending cuts.
  The PRESIDING OFFICER. Does the Senator wish to call up his motion?
  Mr. VITTER. Yes, I call up the motion to commit.
  The PRESIDING OFFICER. The clerk will report the motion.
  The assistant legislative clerk read as follows:

       The Senator from Louisiana [Mr. Vitter] moves to commit the 
     bill H.R. 325 to the Committee on Finance.

  Mr. VITTER. Madam President, I ask unanimous consent to waive the 
reading of the motion.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The motion is as follows:

                   Motion to Commit With Instructions

       Mr. Vitter moves to commit the bill H.R. 325 to the 
     Committee on Finance with instructions to report the same 
     back to the Senate within 7 days with legislative language 
     that makes changes in existing programs that reduce Federal 
     spending by the increase amount required by section 2(b) (as 
     estimated by CBO) over the period of fiscal years 2013 to 
     2021.

  The PRESIDING OFFICER. The Senator from Montana.
  Mr. BAUCUS. Madam President, we have essentially already voted on 
this. It is very similar to the Portman amendment, which lost by a vote 
of 54-to-44. This approach was rejected by the House of Representatives 
when the Speaker sent over the debt increase to us, which gives us 
breathing room. We tried the approach suggested by the Senator in 
August 2011--to tie in spending. It didn't work. This moves us 
backward, not forward.
  I think we should give praise to the Speaker for putting together a 
bipartisan approach to, in a way, begin to resolve our debt and debt 
limit solutions, and so I ask that this motion be tabled.
  I move that this motion, the Vitter motion, be tabled, and I ask for 
the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is on agreeing to the motion. The clerk will call the 
roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Massachusetts (Mr. 
Kerry) and the Senator from Washington (Mrs. Murray) are necessarily 
absent.
  The PRESIDING OFFICER (Mr. Whitehouse). Are there any other Senators 
in the Chamber desiring to vote?
  The result was announced--yeas 53, nays 45, as follows:

                      [Rollcall Vote No. 10 Leg.]

                                YEAS--53

     Baldwin
     Baucus
     Begich
     Bennet
     Blumenthal
     Boxer
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Donnelly
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Heinrich
     Heitkamp
     Hirono
     Johnson (SD)
     Kaine
     King
     Klobuchar
     Landrieu
     Lautenberg
     Leahy
     Levin
     Manchin
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murphy
     Nelson
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schatz
     Schumer
     Shaheen
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Warner
     Warren
     Whitehouse
     Wyden

[[Page 826]]



                                NAYS--45

     Alexander
     Ayotte
     Barrasso
     Blunt
     Boozman
     Burr
     Chambliss
     Coats
     Coburn
     Cochran
     Collins
     Corker
     Cornyn
     Crapo
     Cruz
     Enzi
     Fischer
     Flake
     Graham
     Grassley
     Hatch
     Heller
     Hoeven
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Kirk
     Lee
     McCain
     McConnell
     Moran
     Murkowski
     Paul
     Portman
     Risch
     Roberts
     Rubio
     Scott
     Sessions
     Shelby
     Thune
     Toomey
     Vitter
     Wicker

                             NOT VOTING--2

     Kerry
     Murray
       
  The motion was agreed to.


                              Severability

  Mr. REID. Mr. President, I know that some have raised questions about 
whether Section 2 of the bill is constitutional under the 27th 
Amendment, though the legislation does not lower pay but rather 
withholds it temporarily. Of course, as members of the House knew by 
the time they passed the bill, Section 2 is largely moot since the 
Senate leadership previously announced our intention to take up a 
budget resolution, regardless of whether H.R. 325 is enacted.
  In any event, does my colleague agree with me that even if the law is 
challenged in court and Section 2 is found to be unconstitutional for 
any reason, the first section would remain in force? That is, does he 
agree that, in such a circumstance, Section 2 should be severed from 
the rest of the legislation, leaving the debt limit suspension 
unaffected?
  Mr. BAUCUS. I do agree with the majority leader. As we have 
discussed, it should be obvious that the overriding, critical purpose 
of this legislation is to suspend the debt limit and avoid the 
catastrophic implications of a default. This is an entirely different 
and severable issue from Section 2, which relates to the budget 
resolution and member pay.
  Mr. President, it would make no sense to vitiate the suspension of 
the debt limit, and risk default, because of an entirely separate 
issue. It is hard to believe that many, if any, of my colleagues would 
want that result. In fact, were a court to strike down Section 1 
because of problems with Section 2, there could be serious 
consequences, potentially including uncertainty about the validity of 
Treasury securities issued with the full faith and credit of the United 
States. Nobody would want that to happen.
  The PRESIDING OFFICER. There is now 2 minutes of debate equally 
divided prior to a vote on passage of the measure.
  Who yields time?
  All time has expired.
  The bill was ordered to a third reading and was read the third time.
  Mr. BEGICH. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall it pass?
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Massachusetts (Mr. 
Kerry) and the Senator from Washington (Mrs. Murray) are necessarily 
absent.
  The PRESIDING OFFICER (Mr. Coons). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 64, nays 34, as follows:

                      [Rollcall Vote No. 11 Leg.]

                                YEAS--64

     Ayotte
     Baldwin
     Baucus
     Begich
     Bennet
     Blumenthal
     Blunt
     Boxer
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Cochran
     Collins
     Coons
     Donnelly
     Durbin
     Feinstein
     Franken
     Gillibrand
     Graham
     Hagan
     Harkin
     Heinrich
     Heitkamp
     Heller
     Hirono
     Hoeven
     Johnson (SD)
     Kaine
     King
     Klobuchar
     Landrieu
     Lautenberg
     Leahy
     Levin
     McCain
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murphy
     Nelson
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schatz
     Schumer
     Shaheen
     Shelby
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Warner
     Warren
     Whitehouse
     Wicker
     Wyden

                                NAYS--34

     Alexander
     Barrasso
     Boozman
     Burr
     Chambliss
     Coats
     Coburn
     Corker
     Cornyn
     Crapo
     Cruz
     Enzi
     Fischer
     Flake
     Grassley
     Hatch
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Kirk
     Lee
     Manchin
     McConnell
     Moran
     Paul
     Portman
     Risch
     Roberts
     Rubio
     Scott
     Sessions
     Toomey
     Vitter

                             NOT VOTING--2

     Kerry
     Murray
       
  The bill (H.R. 325) was passed.
  The PRESIDING OFFICER. The majority leader.

                          ____________________