vote:

vote:

the presiding officer: are there any senators in the chamber wishing to vote or wishing to change their vote? if not, on this vote, the yeas are 50, the nays are 49, and the motion is -- three-fifths of the senators duly chosen and sworn not having voted in the affirmative, the motion is not agreed to. the majority leader. mr. mcconnell: i enter a motion to reconsider the vote. the presiding officer: the motion is entered. mr. mcconnell: i just want to call to the attention of my colleagues the statement of the -- a part of the statement of the white house press

secretary tonight, presumably on behalf of the administration. it simply says we will not negotiate the status of unlawful immigrants while democrats hold our lawful citizens hostage over their reckless demands. it appropriately represents the white house view of where we are. mr. president, what we have just witnessed on the floor was a cynical decision by senate democrats to shove aside millions of americans for the sake of irresponsible political games. the government shutdown was 100% avoidable, completely avoidable. now it is imminent. all because senate democrats chose to filibuster a noncontroversial funding bill that contains nothing, not a thing they do not support, nothing they do not support.

perhaps across the aisle, some of our democratic colleagues are feeling proud of themselves, but what has their filibuster accomplished? what has it accomplished? the answer is simple. their very own government shutdown. the shutdown effects on the american people will come as no surprise. all week as we said on the floor and begged our colleagues to come to their senses, senate republicans have described exactly, exactly what this will mean for america's men and women in uniform, shutting down the government means delayed pay. for the many thousands of civilian employees who support their missions, it means furloughs. and for the families of fallen heroes, it may well mean a freeze on survivor death benefits. for veterans who rely on our

promise of care, shutting down the government means threatening their access to treatment. for so many americans struggling with opioid addiction, the same is true. thanks to the democratic leader's decision to filibuster an extension of the state children's health insurance program, low-income families will slip closer to losing health coverage for their kids, and many states, this is an emergency. i'm having trouble understanding which one of these outcomes my democratic colleagues could possibly be proud of. which one of them? i think our friends on the other side took some bad advice, really bad advice. i would hate to have to be trying to explain this myself. ignore the governors -- ignored the governors, including seven

democrats who wrote congress begging us, begging us to extend s-chip for nine million children. they ignored the needs of millions of americans who rely on the federal government for important services. they held all this hostage, all of it hostage over the completely unrelated issue of illegal immigration. republicans in the senate have done all we can to continue the normal operations of the federal government and secure certainty for these s-chip kids. we can pass it tonight. it could go to the president for signature. these kids would be okay. well, we're going to continue to do all we can. we'll vote again so that the

american people knows who stands for them. and when our friends across the aisle remember who it is they actually represent, we'll be ready to come together in a bipartisan discussion that will be necessary to clean up all of this mess. we have all been having private conversations here on the floor. almost everybody on both sides doesn't understand how we ended up here because most of the stuff we agree on. there is only one reason we ended up here. it's shoehorning of illegal immigration into this debate. now, having said that, there is a lot of sympathy in this body for doing something about the daca kids. it's not like nobody's interested in that. we have been talking about it for three months.

but the one reason we are where we are is because we couldn't close out any of these other component parts because our friends on the other side said you've got to deal with this issue. this issue's the key to getting defense spending. this issue's the key to getting help for s-chip kids, and on and on and on. i think most of the american people believe that shutting down the government over this issue, which doesn't even ripen until march, is irresponsible, and i have just listed all of the people who are going to be adversely impacted by this action. so we're going to keep on voting , and the government may be heading into shutdown, but the senate's not shutting down. and we're hoping to talk and to resolve this.

i don't think it makes the institution look very responsible. the american people should expect better from us than this. the presiding officer: the democratic leader. mr. schumer: mr. president, very sadly, we are on the precipice of a government shutdown. the majority leader only just allowed us to vote on a continuing resolution that he knew lacked the votes long before this hour. it's not just democrats who oppose this c.r. several republicans did as well. all of today, mr. president, we have endeavored to reach an agreement with president trump and the republicans that would have not only spared a

government shutdown but cemented an agreement on spending caps, including those for our military, the health care issues, disaster relief and immigration issues. president trump reached out to me today, this morning, to invite me to the white house to talk all of these issues over, and i accepted. we had a lengthy and substantive discussion. during the meeting, in exchange for strong daca protections, i reluctantly put the border wall on the table for discussion. even that was not enough to entice the president to finish the deal. many democrats don't want to go that far on the border. many republicans don't either. but we were willing to compromise with the president to get an agreement. in the room, it sounded like the

president was open to accept it. this afternoon, in my heart, i thought we might have a deal tonight. that was how far we had come. that's how positive our discussion felt. we had a good meeting. but what has transpired since that meeting in the oval office is indicative of the entire tumultuous and chaotic process republicans have engaged in in the negotiations thus far. even though president trump seemed to like an outline of the deal in the room, he did not press his party in congress to accept it. speaker ryan and leader mcconnell, without the commitment of the president, would not agree to accept anything either. what happened to the president trump who asked us to come up with a deal and promised that he would take heat for it?

what happened to that president? he backed off at the first sign of pressure. we have the outline of a deal on caps. we had the outline of a deal on health care. we had the out line of a deal on immigration, the toughest issue. it was real. it was an hondas-to-goodness breakthrough. we could have passed a short-term extension of funding so that we could cross the t's, dot the i's, and be done with it all. but the dynamic of the past few weeks during which the congressional republicans looked to the president for guidance and the president provided none prevailed again today, unfortunately. the same chaos, the same disarray, the same division and discord on the republican side that's been in the background of

these negotiations for months unfortunately appears endemic. it is standing in the way of bipartisan solutions to all of the issues now before us. every american knows the republican party controls the white house, the senate, the house. it's their job to keep the government open. it's their job to work with us on a way to move things forward, but they didn't reach out to us once on this c.r. no discussion, no debate, nothing at all. it was produced without an ounce of democratic input and dropped on our laps. and meanwhile, they can't even get on the same page as a party. they control every branch of the legislative process, and it's their responsibility to govern, and here they have failed.

several republicans voted against the c.r., as well as democrats, for the same reason we voted against it. one of the most serious consequences of having continuing resolution after continuing resolution is the damage it does to our military. as the pentagon spokesman said last night, another c.r. would be wasteful and destructive to our military. the navy secretary said that because of c.r.'s, the navy has put $4 billion in the trash can, poured lighter fluid on it, and burnt it. that's the navy secretary because of what you have done. this is no way to conduct the nation's business. republicans know it, democrats know it, the american people know that this party is not capable of governing. so where do we go from here?

i believe many of my republican colleagues sincerely want to get a deal. i know their hearts are in the right place. i know they lament the fact that we now accept brinkmanship where bipartisanship used to be. in the past, there was always discussions on these issues. everyone knew in the senate you needed both parties to work together. none of that happened here today. now, all this problem is because republican leadership can't get to yes because president trump refuses to. mr. president, president trump, if you are listening, i am urging you, please take yes for an answer. the way things went today, the way you turned from a bipartisan

deal, it's almost as if you were rooting for a shutdown, and now we'll have one, and the blame should crash entirely on president trump's shoulders. this -- this will be called the trump shut down. in will be called the trump shu down because there is no one -- no one -- who deserves the blame for the position we find ourselves in more than president trump. he walked away from two bipartisan deals, including one today in which i even put the border wall on the table. what will it take for president trump to say yes and learn how to execute the rudements of government? tomorrow marks a year to the day president trump took the oath of office on the capitol steps.

unfortunately a trump shut down would be a perfect encaps layings of the -- encapsulation of the chaos he has unleashed. instead of governing from the middle, he has outsourced his presidency to the extremes. instead of living up to the great deal maker he marketed himself to be, he has been the single force of scuttling deals in congress. now his behavior is on the verge of grinding our government to a halt, a trump shut down. democrats will continue to strive for a bipartisan agreement on all of the outstanding issues. i know there are men and women of goodwill on the other side of the aisle who are just as upset

as i am with the direction we're headed in. i plead with them to see reason and prevail upon their leaders, and most of all the president, to give us in space to work together, to let us do the job the american people sent us here to do. when president trump decides he is finally ready to lead his party to a deal, democrats will be ready, willing, and eager to clinch it. there is a path forward. we can reach it quickly, tomorrow. the president and the four leaders should immediately sit down and finish this deal so the entire government can get back to work on monday. i yield the floor. mr. mcconnell: i commend the five democrats who voted not to

shut the government down. the new senator from alabama, during his campaign, said it was important to fund the chip program before it ran out of money. he listened to the democratic governors who said, this is an emergency. we need help. so there were five courageous democrats on the other side who stood up to this ridiculous argument, and it made sense somehow to shut down the government over an illegal immigration issue that the vast majority of this body would like to do something about anyway. so i want to particularly commend the five democrats who had the courage to stand up to this ridiculous strategy.

they put their party in an incredible predicament. as was just indicated, the president is not going to talk about it while the government is shut down. he said when democrats start paying our first responders we will reopen the immigration reform. so this particular strategy has eliminated the possibility of getting a signature on the thing that shut down the -- shut the government down over. can anybody explain to me this strategy? i'm perplexed. i wasn't first in my class but i wasn't last either. how does this get them what they are looking for? well, we'll continue to talk because when all the games stop,

the issues are still there. every single one of them are still there. the american people expect us to act like adults, to get together and solve the problems. now, i'll be offering an amendment to change the date to february 8. we will, unfortunately, not be able to get that vote tonight but i will subsequently ask for a consent, but we will be voting on february 8, and that's the date that the senior senator from south carolina and i have been talking about, the democratic leader and i have been talking about, which begins to move a little bit closer to where our friends on the other

side said they wanted to be, but a reasonable period of time it takes into account, a state -- account the state of the union, party conferences, and the amount of time it takes to write a bill once you have an agreement. you can't reach an agreement and snap your fingers and everything always in into place and you're ready to go. so a reasonable period to first agree and then write and get ready to pass this negotiated settlement that we've been working on for months, february 8 is a very reasonable time. so i'm going to give -- i hear the sentiment for that -- there's sentiment for that on both sides of the aisle. i hope so. we'll vote on that option. we can't get that vote tonight, but i'll going to ask consent to have that vote tonight. i move, mr. president, to table

the motion to refer. mr. schumer: i ask for the yeas and nays. the presiding officer: is there a sufficient second? there is. the clerk will call the roll. vote:

vote:

vote:

the presiding officer: are there any senators in the chamber wishing to vote or to change their vote? if not, the yeas are 55, the nays are 44. the motion to table is approved. mr. mcconnell: mr. president. the presiding officer: the majority leader. mr. mcconnell: i move to table the motion to concur with further amendment. the presiding officer: the question is on the motion. all those in favor say aye. all those opposed, no. the ayes appear to have it. the ayes do have it. the motion to table is agreed to. mr. mcconnell: i move to concur in the house amendment to

h.r. 195 with a further amendment. the presiding officer: the clerk will report. the clerk: the senator from kentucky, mr. mcconnell, moves to concur in the house amendment to the senate amendment to h.r. 195 with an amendment numbered 1917. mr. mcconnell: i send a cloture motion to the desk on the motion to concur with amendment. the presiding officer: the clerk will report the cloture motion. the clerk: cloture motion. we, the undersigned senators, in accordance with the provisions of rule 22 of the standing rules of the senate, do hereby move to bring to a close debate on the motion to concur with the further amendment in the house amendment to the senate amendment to h.r. 195, signed by 17 senators as follows. mr. mcconnell: i ask the reading of the names be dispensed with. the presiding officer: without objection. mr. mcconnell: i move to refer the motion to the committee on appropriations and to report back forthwith with instructions. the presiding officer: the clerk will report. the clerk: the senator from kentucky, mr. mcconnell, moves to refer the house message on h.r. 195 to the committee on appropriations with instructions to report back forthwith with

instructions -- with an amendment numbered 1918. mr. mcconnell: i ask unanimous consent that notwithstanding rule 22, the mandatory quorum call be waived and the senate immediately vote on the motion to invoke cloture without any intervening action or debate. the presiding officer: is there objection? mr. schumer: i object. the presiding officer: objection is heard. the presiding officer: the senator from missouri. mrs. mccaskill: mr. president, this shouldn't take long. i was disappointed when the president put out a statement that tried to divide us based on party when it came to the support of our military. there is no such division. everyone in this chamber knows

it, and so as we have in other instances when we had a shut down, i remember in 2013, we did this right off the bat, i want to make sure that we send a very clear signal that we don't want any moment to pass with there being any uncertainty with any soldier anywhere in the world that they will be paid for the valiant work that they do on behalf of our national security. unanimous consent -- i ask unanimous consent that the senate proceed to the immediate consideration of calendar number 36, h.r. 1301, that the amendment at the desk providing for continuing appropriations for pay and for death benefits be agreed to, the bill be considered and read a third time and passed the motions to reconsider be considered made and laid upon the table with no intervening action or debate.

the presiding officer: is there debate? mr. mcconnell: i object. my hope is that we can restore funding for the entire government before this becomes necessary. i'm going to object for tonight but we'll discuss again tomorrow. therefore, i object. the presiding officer: objection is heard. the senator from florida. mr. nelson: mr. president, many of us have participated in the last few hours in several conversations trying to bring the parties together and, indeed, a lot of movement has occurred. there seems to be one substantial issue remaining within which things could come together. so, mr. president, i'm going to ask that we have -- we delay the

shut down for at least one day. most of us on this floor do not want a shut down, and since there were discussions here in ernest in a bipartisan way, we ought to give those discussions a chance to bayer fruit -- bare fruit. mr. president, i ask unanimous consent that the senate proceed to the immediate consideration of calendar 36, h.r. 1301, that the amendment at the desk that would provide for a continuing resolution to fund the government through saturday, january 20, 2018, be considered and agreed to, the bill, as amended, be considered read a third time and passed, the motions to reconsider be considered made and laid upon the table with no intervening

action or debate. the presiding officer: is there objection? mr. mcconnell: i object. the presiding officer: objection is heard. the presiding officer: the senator from montana. mr. tester: mr. president, i had the feeling at one point in time tonight that we were very close to an agreement. i think as we look around this body, we see folks on both sides of the aisle who want to come to an agreement and will work hard for an agreement. it is a fact that we need a better budget, we need a budget that works for america, we need a budget that goes to the end of the fiscal year, which isn't that long, by the way, only to the end of september. it is a fact that we need chip funding and money for community health centers, and certainly for our military, and money for the northern and southern borders and the majority leader

said they have been working on a budget settlement for weeks. i think most of us, if not all of us, are willing to stay here until this work gets done. i'm certainly willing to. this is supposed to be the most deliberative body in the world. i know there are some who say there is not enough time. there is. i have seen this body work when it is necessary. i think a government shut down would require that. we have pushed this budget off now for 112 days. that's why i'm proposing a three-day continuing resolution so we can work together to come to a conclusion to do what the american people want, and that's have a budget that works to the end of the fiscal year that funds critical programs for military and domestic. so, mr. president, i ask unanimous consent that the senate proceed to the immediate consideration of calendar number 36, h.r. 1301, that the amendment at the desk that would

provide for a continuing resolution to fund the government through monday, january 22, 2018, be considered and agreed to, the bill, as amended, be considered, read a third time and passed, and the motions to reconsider be considered made and laid upon the table with no intervening action or debate. the presiding officer: is there objection? mr. mcconnell: i object. the presiding officer: objection is heard. mr. mcconnell: mr. president. the presiding officer: the majority leader. mr. mcconnell: for the information of all our colleagues, the senate will convene at 12 noon tomorrow.

it's my hope than an agreement can be reached. we'll be here in session tomorrow working to finally resolve the way forward. senators should expect votes tomorrow. i suggest the absence of a quorum. the presiding officer: the clerk will call the roll. quorum call:

mr. mcconnell: mr. president. the presiding officer: the majority leader. mr. mcconnell: i ask that further proceedings under the quorum call be dispensed with. the presiding officer: without objection. mr. mcconnell: i ask unanimous consent -- could we have order. the presiding officer: the senate will be in order. mr. mcconnell: i ask unanimous consent that when the senate completes its business today, it adjourn until 12 noon tomorrow, saturday, january 20, further, that following the prayer and pledge, the morning hour be deemed expired, the journal of proceedings be approved to date, and the time for the two leaders be reserved for their use later in the day, and morning business be closed. finally, following leader remarks, the senate resume consideration of the house message to accompany h.r. 195.

the presiding officer: is there objection? without objection. mr. mcconnell: if there is no further business to come before the senate, i ask that it stand adjourned under the previous order. the presiding officer: the senate stands adjourned until 12 noon today. vote. the presiding officer: the motion is entered. mr. mcconnell: i just want to call to the attention of my

colleagues the statement of the -- a part of the statement of the white house press secretary tonight, presumably on behalf of the administration. it simply says we will not negotiate the status of unlawful immigrants while democrats hold our lawful citizens hostage over their reckless demands. it appropriately represents the white house view of where we are. mr. president, what we have just witnessed on the floor was a cynical decision by senate democrats to shove aside millions of americans for the sake of irresponsible political games. the government shutdown was 100% avoidable, completely avoidable. now it is imminent. all because senate democrats chose to filibuster a noncontroversial funding bill that