[Pages S4703-S4705]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

NATIONAL SEA GRANT COLLEGE PROGRAM AMENDMENTS ACT OF 2015

Mr. McCONNELL. I ask the Chair to lay before the body the message to
accompany S. 764.
Mr. SANDERS addressed the Chair.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. SANDERS. Reserving the right to object, I have a parliamentary
inquiry.
Is one of the acts in this overall bill entitled the Defund Planned
Parenthood Act of 2015?
The PRESIDING OFFICER. The majority leader.
Mr. McCONNELL. I know that was a parliamentary inquiry.
Mr. SANDERS. Excuse me, I would like an answer to my question,
please.
Regular order. I asked the question.
The PRESIDING OFFICER. The Defund Planned Parenthood Act is part of
the House message to the Senate.
Mr. SANDERS. In other words, sir, the Defund Planned Parenthood Act
of 2015 is part of the legislation we are voting on; is that correct?
Yes? No? Maybe?
The PRESIDING OFFICER. Would the Senator please restate his inquiry?
Mr. SANDERS. Yes. Is it possible that, as part of the legislation
that the Senator from Kentucky has introduced, that there is a title in
there called the Defund Planned Parenthood Act of 2015?
Is that title in the legislation we are voting on?
The PRESIDING OFFICER. The language in question is part of the House
amendment.
Mr. SANDERS. Thank you very much.
I ask that that language be withdrawn right now.
Mr. McCONNELL. Mr. President, would the Senator yield? I think I can
clear up his concern.
Mr. SANDERS. No, I really won't yield. My request is that that
language be withdrawn now with unanimous consent.
Mr. LEAHY. Mr. President, a parliamentary inquiry.
The PRESIDING OFFICER. The majority leader has the floor.
Mr. SANDERS. I believe I have the floor.
Mr. McCONNELL. Mr. President, if I may, I think we have explained
this to everybody over and over again. Let me try again.
The Roberts amendment that I will offer is a complete--a complete--
substitute for the underlying language that concerns some of our
colleagues on the other side.
Mr. LEAHY. Mr. President, a parliamentary inquiry.
The PRESIDING OFFICER. The Senator will state his inquiry.
Mr. LEAHY. Parliamentary inquiry: Notwithstanding what the majority
leader has said, the legislation he brought up would defund Planned
Parenthood; is that correct, if it was accepted?
The PRESIDING OFFICER. That is not a judgement for the
Parliamentarian.
Mr. LEAHY. Parliamentary inquiry: Would that be a position for the
United States Senate if we were allowed to vote on it?
Ms. STABENOW. Parliamentary inquiry, Mr. President.
Mr. LEAHY. Could I get an answer to my parliamentary inquiry?
Ms. STABENOW. Excuse me. I am sorry.
Mr. McCONNELL. Mr. President, Parliamentary inquiry.
The PRESIDING OFFICER. The majority leader.
Mr. McCONNELL. If I were to offer the Roberts amendment that will be
a complete substitute for the underlying language, would it not
alleviate the concern that our colleagues on the other side have?
The PRESIDING OFFICER. The question before the Senate would be the
amendment offered by the majority leader.
Mr. LEAHY. Further Parliamentary inquiry, Mr. President.
The PRESIDING OFFICER. The House can respond in whatever manner it
chooses.
Mrs. BOXER. What does that mean?
Mr. LEAHY. Parliamentary inquiry, Mr. President: If the majority
leader were to withdraw the House bill to defund Planned Parenthood and
replace it with the Roberts GMO bill, would the acceptance of that be a
debatable motion before the Senate? Not asking how we should vote, but
would that be a debatable motion?
Mr. McCONNELL addressed the Chair.
The PRESIDING OFFICER. The majority leader.
Mr. McCONNELL. Who has the floor?
The PRESIDING OFFICER. The majority leader has the floor.
Mr. McCONNELL. All right. It is my understanding that I don't have
the authority to withdraw a House amendment. What I am doing here, if
our friends and colleagues on the other side will let me, is to offer a
complete substitute for that, which is the Roberts amendment, which I
think everybody understands the content of.
Mr. SCHUMER addressed the Chair.
The PRESIDING OFFICER. The Roberts amendment would be the question
before the Senate. The House would have to respond to the Senate
substitute.
Mr. LEAHY. Mr. President, further Parliamentary inquiry.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. LEAHY. If the majority leader were to withdraw the Planned
Parenthood amendment and put in the Roberts amendment, which has not
been previously debated, would a vote on acceptance of that be a
debatable issue?
The PRESIDING OFFICER. The majority leader may not withdraw House
language. He can only propose an amendment to the substitute or concur
in that amendment. Those are debatable questions.
Mr. LEAHY. Mr. President, further parliamentary inquiry.
Mr. President, if my friend the majority leader were to be able to do
what he has proposed, would the resolution of that matter, then, be a
matter of debate before the body under the normal Senate of rules?
The PRESIDING OFFICER. Yes, the motion to concur is debatable.
Mr. LEAHY. I thank the Presiding Officer.
Mrs. BOXER. Parliamentary inquiry. Mr. President, Parliamentary
inquiry.
The PRESIDING OFFICER. The Senator from California.
Mrs. BOXER. I just want to understand where we are, because there is
a lot of angst and discomfort, and I want to say to Senator Hirono, who
happened to read what we are voting on, which I really appreciate, and
called it to our attention---- is it the Presiding Officer's view, in
answer to Senator Leahy and Senator Sanders, that the Senate has no
ability to strike the title called the Defund Planned Parenthood Act of
2015 at this time; that we do not have the ability to do this? Could we
not do it by unanimous consent or would that not be allowed as well?

The PRESIDING OFFICER. The Senate does not strike language; it
proposes amendments.
Mrs. BOXER. So if I were to make a unanimous consent request--further
parliamentary----

[[Page S4704]]

The PRESIDING OFFICER. Which amendment could be a complete substitute
replacing that language.
Mrs. BOXER. Even the title?
The PRESIDING OFFICER. The title amendment is a separate question.
Mrs. BOXER. So the title will remain; is that correct? Even after the
majority leader does what he says he is going to do, the title called
Defund Planned Parenthood Act of 2015 would remain; is that correct?
The PRESIDING OFFICER. The short title is part of the amendment.
Mrs. BOXER. I am sorry. I am trying to get an answer. I didn't hear
it.
The PRESIDING OFFICER. The Chair is trying to answer.
The short title is part of the amendment to the House which the
majority leader's proposed amendment would replace.
Mrs. BOXER. So the title would no longer be in the bill; is that
correct?
The PRESIDING OFFICER. That depends on the action of the House in
response to the Senate amendment on the bill.
Mrs. BOXER. So the House is going to determine whether or not to
remove this title: ``This Act may be cited as the `Defund Planned
Parenthood Act of 2015.' ''
I just say to my friends, I don't know why the majority leader chose
to bring up this shell. He could have brought up any other shell. We
should vote no on this.
Mr. McCONNELL addressed the Chair.
The PRESIDING OFFICER. The majority leader.
Regular order has been called for.
Is there objection to laying down----
Mr. McCONNELL. Mr. President, parliamentary inquiry.
What is the title of the bill?
The PRESIDING OFFICER. The clerk will read the title of the bill.
The legislative clerk read as follows:

S. 764, entitled ``An Act to reauthorize and amend the
National Sea Grant College Program Act, and for other
purposes.''

Mr. McCONNELL. Mr. President, we have many disputes around here over
major issues, but I am perplexed by where we are.
What I am trying to do is to offer a complete substitute, the Roberts
amendment--and I think everybody understands what that is. I must say I
don't think there is a single person in America who would think any of
our colleagues over here would vote to defund Planned Parenthood.
We are not trying to trick anybody. We are trying to get to the
Roberts amendment, and I am offering a complete substitute for a bill
with a title that I don't think sounds particularly offensive from a
Democratic point of view. I am perplexed as to what the problem is
here.
Mr. SCHUMER. Would the majority leader yield for a question?
The PRESIDING OFFICER. The majority leader has made a motion.
The Senator from New York.
Mr. SCHUMER. Would the majority leader yield for a question?
Mr. McCONNELL. I will be happy to yield to the Senator from New York.
Mr. SCHUMER. So once the majority leader strikes everything but the
title about whatever it was, the words ``Planned Parenthood'' will not
appear in the bill before us at all; is that correct?
Mr. McCONNELL. Yes. My understanding is it will not be in there at
all.
Mr. SCHUMER. Thank you, Majority Leader.
Mr. LEAHY. Mr. President, may I make a further----
Mr. McCONNELL. Regular order, Mr. President.
Mr. LEAHY. Parliamentary inquiry.
The PRESIDING OFFICER. The question is on the laying down of the
message to accompany S. 764.
Mr. LEAHY. Parliamentary inquiry, Mr. President.
The PRESIDING OFFICER. The majority leader has the floor.
Will the majority leader yield for a parliamentary inquiry?
Mr. McCONNELL. Regular order, Mr. President.
The PRESIDING OFFICER. Regular order has been called for.
Mr. LEAHY. Mr. President, would the majority leader yield for a
question?
The PRESIDING OFFICER. The question is on agreeing to the motion.
Mrs. ERNST. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The senior assistant legislative clerk called the roll.
Mr. REID. I announce that the Senator from Illinois (Mr. Durbin), the
Senator from West Virginia (Mr. Manchin), and the Senator from Virginia
(Mr. Warner) are necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 68, nays 29, as follows:

[Rollcall Vote No. 117 Leg.]

YEAS--68

Alexander
Ayotte
Baldwin
Barrasso
Bennet
Blunt
Boozman
Brown
Burr
Capito
Carper
Casey
Cassidy
Coats
Cochran
Collins
Coons
Corker
Cornyn
Cotton
Crapo
Cruz
Daines
Donnelly
Enzi
Ernst
Feinstein
Fischer
Flake
Franken
Gardner
Graham
Grassley
Hatch
Heitkamp
Heller
Hoeven
Inhofe
Isakson
Johnson
King
Kirk
Klobuchar
Lankford
Lee
McCain
McCaskill
McConnell
Moran
Nelson
Perdue
Peters
Portman
Risch
Roberts
Rounds
Rubio
Sasse
Scott
Sessions
Shaheen
Shelby
Stabenow
Thune
Tillis
Toomey
Vitter
Wicker

NAYS--29

Blumenthal
Booker
Boxer
Cantwell
Cardin
Gillibrand
Heinrich
Hirono
Kaine
Leahy
Markey
Menendez
Merkley
Mikulski
Murkowski
Murphy
Murray
Paul
Reed
Reid
Sanders
Schatz
Schumer
Sullivan
Tester
Udall
Warren
Whitehouse
Wyden

NOT VOTING--3

Durbin
Manchin
Warner
The motion was agreed to.
The PRESIDING OFFICER. The Chair lays before the Senate a message
from the House of Representatives.
The legislative clerk read as follows:

Resolved, That the bill from the Senate (S. 764) entitled
``An Act to reauthorize and amend the National Sea Grant
College Program Act, and for other purposes,'' do pass with
an amendment.

Pending:

McConnell motion to concur in the House amendment to the
bill with McConnell (for Roberts) amendment No. 3450 (to the
House amendment to the bill), in the nature of a substitute.
McConnell motion to refer the bill to the Committee on
Commerce, Science, and Transportation.

The PRESIDING OFFICER. The majority leader.

Motion to Refer Withdrawn

Mr. McCONNELL. Mr. President, I withdraw the motion to refer to the
Committee on Commerce.
The PRESIDING OFFICER. The motion is withdrawn.

Motion to Concur with Amendment No. 3450 Withdrawn

Mr. McCONNELL. I withdraw the motion to concur in the House amendment
to S. 764 with a further amendment, No. 3450.
The PRESIDING OFFICER. The motion is withdrawn.

Motion to Concur with Amendment No. 4935

Mr. McCONNELL. I move to concur in the House amendment to S. 764 with
the Roberts substitute amendment that strikes and replaces the House
amendment.
The PRESIDING OFFICER. The clerk will report the motion.
The senior assistant legislative clerk read as follows:

The Senator from Kentucky [Mr. McConnell] moves to concur
in the House amendment to S. 764 with an amendment numbered
4935.

(The amendment is printed in today's Record under ``Text of
Amendments.'')

Cloture Motion

Mr. McCONNELL. I send a cloture motion to the desk on the motion to
concur with amendment.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The senior assistant legislative clerk read as follows:

Cloture Motion

We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on the motion to
concur in the House amendment with

[[Page S4705]]

an amendment to S. 764, a bill to reauthorize and amend the
National Sea Grant College Program Act, and for other
purposes.
Mitch McConnell, Mike Crapo, John Thune, Richard Burr,
James M. Inhofe, Pat Roberts, Lamar Alexander, John
Barrasso, Thad Cochran, Deb Fischer, Shelley Moore
Capito, John Boozman, Thom Tillis, David Perdue, Jerry
Moran, John Hoeven, Roger F. Wicker.

Mr. McCONNELL. I ask for the yeas and nays on the motion to concur
with amendment.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.

Amendment No. 4936 to Amendment No. 4935

Mr. McCONNELL. I have a second-degree amendment at the desk.
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:

The Senator from Kentucky [Mr. McConnell] proposes an
amendment numbered 4936 to amendment No. 4935.

Mr. McCONNELL. I ask unanimous consent that the reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

At the end, add the following:
This Act shall take effect 1 day after the date of
enactment.

Motion to Refer with Amendment No. 4937

Mr. McCONNELL. I move to refer the House message on S. 764 to the
Committee on Agriculture with instructions to report back forthwith
with an amendment numbered 4937.
The PRESIDING OFFICER. The clerk will report the motion.
The senior assistant legislative clerk read as follows:

The Senator from Kentucky [Mr. McConnell] moves to refer
the House message on S. 764 to the Committee on Agriculture,
Nutrition and Forestry with instructions to report back
forthwith with an amendment numbered 4937.

(The amendment is printed in today's Record under ``Text of
Amendments.'')
Mr. McCONNELL. I ask for the yeas and nays on my motion.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays were ordered.

Amendment No. 4938

Mr. McCONNELL. I have an amendment to the instructions.
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:

The Senator from Kentucky [Mr. McConnell] proposes an
amendment numbered 4938 to the instructions of the motion to
refer S. 764.

Mr. McCONNELL. I ask unanimous consent that the reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

At the end, add the following:
This Act shall take effect 3 days after the date of
enactment.

Mr. McCONNELL. I ask for the yeas and nays on my amendment.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays were ordered.

Amendment No. 4939 to Amendment No. 4938

Mr. McCONNELL. I have a second-degree amendment at the desk.
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:

The Senator from Kentucky [Mr. McConnell] proposes an
amendment numbered 4939 to amendment No. 4938.

The amendment is as follows:

Strike ``3 days'' and insert ``4 days''.

____________________