Directing the Removal of United States Armed Forces From Hostilities Within or Against Venezuela That Have Not Been Authorized By Congress--

Floor Speech

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Mr. KENNEDY. Mr. President, this weekend, I watched, probably like you, a number of folks go on television and confidently predict that we were going to be out of the shutdown. Some said as early as Wednesday. One confidently predicted Thursday. A couple more said Friday. So when I came back on Monday, I was pretty sanguine about things.

It gives me no joy to say this, but I was wrong. I don't know. As bad as this multiple-vehicle pileup looks from the outside, you ought to see it from the inside. I know you know what I am talking about, Mr. President. The Republicans have voted 14 times to come out of the shutdown. My Democrat friends have voted 14 times to stay shut down. I think it is going to be like that for a while.

I used to have a beagle. I loved him to death. His name was Roger. He was a rascal. Roger would run off. He was a rabbit dog that we picked up as a stray. Roger would run off for 3 days and scare me to death. I was afraid he was going to die. After 3 days, he would come staggering back home, and he always had roadkill in his mouth. He would hide that roadkill under my back porch. Where we are now, in negotiating out of the shutdown, looks like something Roger used to hide under my back porch.

We are supposed to have a vote tomorrow. We don't know what we are voting on, but we have been promised we are going to have a vote. I hope we do. And I hope we are wrong, and I hope we come out of this shutdown very soon. But I am not going to lie to the American people. I think we are going to be in it for a while.

Now, as everyone knows, folks aren't being paid while we are in a shutdown. Our air traffic controllers are not being paid. In fact, starting tomorrow, the airlines are going to be canceling flights. Our staffs are not being paid. Federal employees are not being paid. These young men and women here, our pages, are not being paid. Our military is only being partially paid.

I am confused about SNAP payments. Some say the payments are being made; some say they aren't. I don't know who is telling the truth. But I do know this: I don't think anybody wants to see anybody hungry in America.

The only people that I can ascertain who are being paid are Members of Congress. I am not being paid. I said I wasn't going to take a salary during the shutdown. Some of my colleagues are, and I am not judging anybody. My purpose is not to judge anybody. I am just saying that it is time that Congress set an example.

I have two bills I am going to offer up today. The first one is called the No Shutdown Paychecks to Politicians Act. This just says that while we are in a shutdown, Members of Congress don't get paid and they don't get backpay.

The second bill is entitled Withhold Member Pay During Shutdowns Act. That bill says that while we are in a shutdown, Members of Congress don't get paid, but they will get paid. They will get their money in arrears after we open the government back up.

I am rather fond of the Constitution, as most people are. I am well aware of the 27th amendment which says:

No law, varying the compensation for the service of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

What that means, of course, is you can't change the pay for a Congressman until after you have had an election.

I think my bills are constitutional for two reasons. No. 1, we are not changing the rate of compensation. We are just saying: You are in a shutdown; you are not going to get your money.

No. 2, there is precedent for this. Back in 2013, President Obama had Congress pass the No Budget, No Pay Act of 2013. President Obama's bill said: Look, Congress is about to go into a shutdown. Fine, have at it. Knock yourselves out. Go into a shutdown. But if you don't come out of that shutdown by this particular date, you are not going to get paid.

And do you know what? Members of Congress had an epiphany. They had a Damascene moment. They were born again. They got out of the shutdown in time to be paid.

I am not trying to put down anybody. I am not trying to condemn folks who have been taking their salary. I am not saying they don't earn every bit of it. But I am saying what is good for the goose is good for the gander.

I want to offer up these two bills for the Members' consideration, starting with my first bill, which would say Members of Congress can't be paid and don't get backpay even after we end the shutdown. That is called the No Shutdown Paychecks to Politicians Act.

I further ask 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.

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Mr. KENNEDY. I will not, Mr. President.

I would like to explain why.

I understand Senator Paul is making a good point. What he is saying is, rather than saying, as I am, that nobody else is being paid so Members of Congress shouldn't be paid--I think what Senator Paul is saying is let's pay everybody. That is what I understand him to be saying. He wants me to agree to that instead of my bill.

What Senator Paul is proposing is Senator Ron Johnson's ``no shutdown'' act that we voted on several times. I am for it. I voted for it several times.

Here is the problem I have with Senator Paul's proposal, pulling down my bill and going with Senator Johnson's bill--several reasons. No. 1, I am interested in passing something. I am not interested in just putting on a show. My bill will pass the House of Representatives, and my bill will be signed by the President.

Senator Paul's bill, I can assure you, will not pass the House of Representatives, and President Trump will not sign it. I am not saying someone is right or somebody is wrong. President Trump does not consider Senator Paul to be part of his MAGA agenda, and he will veto it. Then we are right back to square one.

So, for that reason, I can't substitute his for mine because his is going to be as dead as fried chicken here in a few days, and mine has a chance to pass. Parliamentary Inquiry

Now, Mr. President, I need some clarification, a parliamentary inquiry, if you will: Do I understand that Senator Paul has objected to my bill; is that correct?

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Mr. KENNEDY. And his modification, if I might ask, is to substitute his bill for mine?

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Mr. KENNEDY. OK. I have said I will not substitute his bill for mine.

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Mr. KENNEDY. Mr. President, may I ask for a clarification?

I have offered a bill to say that Congress does not get paid like everybody else who is not being paid during a shutdown. There has been a little bit of a back-and-forth.

As I understand it, Senator Paul has objected to that bill; is that correct?

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Mr. KENNEDY. To my bill to say Congress isn't paid during a shutdown; is that correct?

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Mr. KENNEDY. Mr. President, I want to bring up my second bill. It is called the Withhold Member Pay During Shutdowns Act.

Remember, my first bill that Senator Paul objected to would have said Members of Congress don't get paid, just like our staffs don't get paid, just like air traffic controllers don't get paid, just like the military doesn't get paid. We don't get paid until the shutdown is lifted, and we don't get our money in arrears. In other words, we don't recoup our money once the shutdown is lifted. Perhaps Senator Paul will find my second bill to be more palatable to him and his pocketbook.

The Withhold Member Pay During Shutdowns Act would say, while we are in a shutdown and everyone else is not being paid, Congress would not be paid but that Members of Congress--including Senator Paul, including me, including all Members of Congress--would have the right to get the money back, to be paid, after they are out of the shutdown. In other words, the money would be escrowed, and they would get it once we were to come out of the shutdown.

Again, there is precedent for that, and I talked about what President Obama did back in 2013. For that reason, I am going to ask unanimous consent on that one.

3057 and that the Senate proceed to its immediate consideration. I further ask 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.

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Mr. KENNEDY. Mr. President, a point of clarification: Has Senator Paul objected to my bill or does he want me to modify it?

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Mr. KENNEDY. Mr. President, I am not done yet. Maybe I wasn't clear. I apologize if I wasn't clear.

I support Rand's bill. It is actually Ron Johnson's bill, but I support his idea.

What I am saying is, if everybody over here isn't being paid, Members of Congress shouldn't be paid, OK? What Rand is saying--what Senator Paul is saying--is let's pay everybody, and he is absolutely right. I support that, but I am going to pass on it.

I am going to pass on it, Senator Durbin. We live in the real world, and my bill is more likely to pass the House and more likely to be signed by the President than Senator Paul's bill. I wish that weren't the case, but it is. I don't think that the House is going to pass Senator Paul's bill. I don't think it is any secret. I am not saying he is right or wrong, but President Trump does not consider Senator Paul to be part of the MAGA agenda. He said that. He has tweeted it about a skillion times.

Am I wrong, Senator Durbin?

I mean, he has tweeted it about a skillion times, and he is going to veto Senator Paul's bill because his name is on it. He is going to knock it to Uranus. He is going to knock it into a new ZIP Code.

Then what have Rand and I done? We have put on a pretty performance. I want to pass something. Now, I have tried to pass my bill preventing Members of Congress from being paid, and you can pretty it up all you want to, but Rand objected. And I am not judging him. I am not judging anybody who is taking their salary. I am not taking mine, but I am not judging anybody. But what is good for the goose is good for the gander, and you either think Members of Congress ought to be treated like everybody else or you don't. You either think that we are more important and smarter and more virtuous than the American people or you don't, and I think we ought to be treated the same.

Now, having said that, I said I agreed with what Senator Paul said. I am just worried his name on the bill is going to get knocked out of the park, so I am going to put it in my name. It is not Senator Paul's bill; it is Senator Ron Johnson's bill, and what Ron John's--we call him Ron John. I am sorry. He is Senator Ron Johnson from the wonderful State of Wisconsin.

What Senator Johnson has proposed--and I voted for it repeatedly-- says: Look, if you are deemed an essential employee right now, if you are working but you are not being paid, Senator Johnson's bill says we are going to pay you. I voted for that. It also says, if you are furloughed, if you are deemed to be nonessential, then you are not working, but you will get paid once we come out of this shutdown.

Does that make sense? That is what Senator Ron Johnson has proposed.

As I told my good friend Senator Paul, I agree with it. Senator Paul's name is on that bill, and it is going to be vetoed six ways to Sunday. I am going to try to put my name on the bill. Maybe it will get passed, and maybe it won't, but I think I have a better chance than Senator Paul. That is just my personal opinion. It is not meant to be personal.

For that reason, Mr. President, I will try it a third way. It is not my preferred way, but we have got to get out of this mess.

191, S. 3012. As I have indicated, I think we have got a chance to pass it in the House, and I really don't think President Trump will veto it if I explain to him it is Senator Ron Johnson's bill. I further ask 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.

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Mr. KENNEDY. Mr. President, look, I get it. You know, this is why we are in a shutdown.

I just proposed a bill--this was my third choice, but it was better than nothing--to say everybody gets paid, and my good friend from Washington State objected.

I don't know what else to do. I voted 14 times to open up the government.

I can't change the election. President Trump was duly elected President of the United States--he was--in a free election, and the American people spoke. Some of my colleagues are upset about that. In fact, they hate the President so much, they have shut down government. They hate him so much that, if President Trump came out in favor of breathing to live, they would hold their breath. It is not rational.

I just don't know what else to do. All I can tell my Democratic friends is: Look, reasonable people disagree, and I get it. But you are just being too emotional. You need to go drink a big ole, cold, tall glass of ``get over it'' and realize that President Trump is the President of the United States. Don't shut the government down because of it.

Mr. President, you have been really patient. Even though the Parliamentarian tried to get you to dodge my questions, you answered them straight up, and I really appreciate it.

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