Discontinuing Business as Usual

Floor Speech

Date: Dec. 12, 2007
Location: Washington, DC
Issues: Defense Veterans


DISCONTINUING BUSINESS AS USUAL -- (Senate - December 12, 2007)

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Mr. CORNYN. If the Senator will yield for a quick question?

The PRESIDING OFFICER. The Senator from Texas.

Mr. CORNYN. I wanted to ask the distinguished Senator, earlier before he was able to come to the floor, there was a unanimous consent request offered with regard to the ALS registry, and I, on his behalf, lodged an objection, although I have no personal objection. I just want to ask the distinguished Senator from Oklahoma if it is his understanding it was on his behalf?

Mr. COBURN. Absolutely. There is no question. I thank you for covering for me in that regard.

Mr. CORNYN. Mr. President, I understand why we find ourselves in this terrible posture today and why some people are calling this Congress the broken Congress, the dysfunctional Congress. If you look at the chart that was alluded to a moment ago about the last 31 days of the Senate, we have had 15 days of the last 31 days actually in session. We have had 10 rollcall votes. We have had 10 rollcall votes in the last 31 days. As a matter of fact, we should be having rollcall votes now on the farm bill, which is the bill I thought was before the Senate. But, instead, our colleagues from the other side of the aisle decided to put on this show for the American people to try to portray themselves as passing legislation, although they knew it could not be done in the manner in which they proposed--while we should be passing the farm bill.

Let me talk for a moment about the opportunities that they have squandered by their mismanagement of the calendar over this last year. I asked the Senator from Illinois, Mr. Durbin, if he would agree to a unanimous consent request, and also the majority leader, to help fund our troops who are in harm's way during a time of war. They objected to that.

As a matter of fact, Republicans attempted to call up the Veterans appropriations bill before the Veterans Day holiday, and the Democrats objected to bringing up that bill. Just to be clear, this is the appropriations bill that funds veterans affairs and military construction and is important not only to keeping our commitments to our veterans but to maintaining a decent quality of life for the families who are left behind while their loved one is in harm's way in Iraq or Afghanistan and other dangerous places across the world.

Our colleagues on the other side of the aisle blocked that appropriations bill like they blocked the emergency funding for the troops that is needed in order to avoid the 100,000 notices to civilian employees of the Department of Defense that they are going to be laid off. They are going to get those notices before Christmas that they are going to be laid off by mid-February unless Congress does the job it should have done a long time ago. That is not even to mention--which I will mention--the funding necessary for the Department of Defense to operate in Iraq and Afghanistan to root out al-Qaida and other foreign fighters, Islamic extremists who are trying to kill American soldiers and who, if given an opportunity to reorganize themselves in Iraq, would use that as another launching pad to carry out murderous attacks against Americans and our allies.

Just to be clear, the Senator from Illinois, Mr. Durbin, asked me about a meeting where the Secretary of Defense and Secretary of State were present. I explained, as I have just explained here today, what the situation would be like if we failed to act, and as a result of their objection, we are not acting on a timely basis.

I ask unanimous consent to have printed in the Record a letter from the Deputy Secretary of Defense to the Republican leader that is dated December 7, 2007, signed by Gordon England to the Honorable Mitch McConnell.

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Mr. CORNYN. Mr. President, as the letter makes clear, while the Department of Defense has the ability to fund the troops in the field until mid-February--around March for the Marine Corps--this comes at great expense to those in the Department of Defense, both in and out of uniform. The only reason the Department of Defense can basically rob Peter to pay Paul in terms of paying its bills is because other activities will not be funded, to include training, repair of equipment, and salaries. This letter makes clear that under the current law, furlough notices must soon be issued, potentially right around the time Christmas hits.

This is not any way to run the business of our Nation. Unfortunately, because of the way our colleagues have led the Senate, we have squandered a tremendous opportunity to solve the problems the American people sent us here to solve.

We have had 66 votes on cloture motions--in other words, efforts to force legislation down the throat of the minority without an opportunity for debate or amendment. That is a guaranteed recipe for failure. As everyone in this body knows, under the rules of the Senate, neither the majority nor the minority can have their own way without bipartisan cooperation. That is the way to get things done. But, rather than get things done for the American people, what we have seen is a ``my way or the highway'' approach on the part of the leadership on the other side of the aisle. That is the reason we have had 63 votes, 63 votes so far this session, on the war in Iraq, with various attempts on the other side of the aisle either to attach strings to that money or to impose arbitrary deadlines on our commanders in the field or what I would submit is basically to insist on surrender dates.

These are the same folks who called the surge a failure before it even started. They have said they supported the troops but yet, when it comes time to show their support by making sure they have the funding for the equipment and the training, to pay salaries, and to maintain a decent quality of life for their loved ones who are left behind, instead of acting on that stated support for the troops, have failed to act.

I know the other side of the aisle has given us a copy of various unanimous consent requests to give us fair notice of their intention to ask for unanimous consent, and we have done the same.

On behalf of this side of the aisle, I would ask unanimous consent that the Senate proceed to the immediate consideration of S. 2363, which is funding for military construction and veterans affairs.

I further ask unanimous consent that the bill be read a third time and passed and the motion to reconsider be laid upon the table and that any statements relating to the bill be printed in the Record.

The PRESIDING OFFICER. Is there objection?

Mr. HARKIN. Mr. President, on behalf of the majority leader, I object.

The PRESIDING OFFICER. Objection is heard.

Mr. CORNYN. Mr. President, I am disappointed to hear the objection. This is the same Veterans appropriations bill and Military Construction bill that was passed this summer by the Senate and this summer as well by the House. Why is it that it has been delayed all this time? This is funding for the very veterans who have sacrificed so much and given so much in the service to this country who are being told: No, we are going to hold that money back because essentially you are part of our political plans to put together a huge Omnibus appropriations at the end of the year and try to force the President and the minority to accept bloated Washington spending, when, in fact, there is no objection to passage of that Veterans bill or Military Construction bill, and it should be passed today by unanimous consent without further delay.

Mr. President, I have one other unanimous consent request I would like to offer. I ask unanimous consent that the Senate proceed to the immediate consideration of H.R. 3997, a bill to provide tax relief for our troops. I further ask that the amendment at the desk, which is the text of S. 2340 and provides for full funding of our troops, emergency funding for our troops, be agreed to and that the bill, as amended, be read a third time and passed.

The PRESIDING OFFICER. Is there objection?

Mr. HARKIN. Mr. President, on behalf of the majority leader, I object.

The PRESIDING OFFICER. Objection is heard.

Mr. CORNYN. Mr. President, I regret the obstruction on the part of the majority. This provision, the Heroes Earnings Assistance and Tax Relief Act, would ensure that our military members are treated fairly under our own tax laws. It would make clear that combat pay can be treated as income for purposes of qualifying for the earned-income tax credit. It would also make improvements to the rules for mortgage bonds for veterans, clarify rules regarding survivor and disability payments, and continue to provide pay and benefits to National Guard and Reserve members called to Active Duty. I have already mentioned the component of it that would provide full funding on an emergency basis to our troops who are currently fighting and, unfortunately, some being wounded and dying in service to their country and protection of our freedoms, which has now been objected to once again.

I will finish my remarks for this period where I started and say that we have squandered our opportunities to govern. The only way you can govern in the Congress is by building a governing coalition, Democrats working with Republicans to try to solve the Nation's problems. When one side or the other tries to jam their agenda down the throat of the other side, it does not work, and exhibit A is the dismal record of this broken Congress during this last year.

I see why our colleagues on the other side of the aisle are getting nervous, why their desperation to pass legislation is beginning to show, because they realize they had the opportunity to lead, they realize they had the opportunity to govern, but they have squandered that opportunity. So now, in the last week and a half before the Christmas recess, they are out here trying to act as if the minority has obstructed them, when, in fact, if they had only met us halfway and worked with us to solve some of the big issues that confront our country in a bipartisan and constructive way, we would have met them halfway and we would have solved many of those problems.

Mr. GREGG. Would the Senator yield for a question?

Mr. CORNYN. I will.

Mr. GREGG. I was wondering, is it not true that in this Congress, none of the appropriations bills, which is the business of actually operating the Government--appropriations bills being the bills which fund things like education, things like health care, things like taking care of roads--none of the appropriations bills have passed the Congress in time to meet the fiscal year?

Mr. CORNYN. The distinguished Senator from New Hampshire is exactly correct. My recollection is only 1 out of the 12 appropriations bills has actually been signed by the President, and that was after the fiscal year ended, meaning that essentially Congress is doing what no business, what no family could get away with; that is, basically to pay the bills on a timely basis. So it is another example of this broken Congress and squandered opportunity to work together to do our basic duty.

Unfortunately, I think what we have seen now is an unfortunate game being played out where, rather than pass those bills on an individual basis, there is going to be an attempt to roll them into a giant Omnibus appropriations bill, which someone observed the other day is Latin for ``hold on to your wallet.'' The President has insisted that he is going to hold the line, as he well should, on wasteful Washington spending which would require tax increases on the American people at a time when the economy is entering into a flat period. It is exactly the wrong time--if there is ever a right time--to raise taxes.

Mr. GREGG. Would the Senator yield for an additional question through the chair.

Mr. CORNYN. I would.

Mr. GREGG. The Senator has pointed out that we passed none of the obligations for operating the Government prior to the beginning of the fiscal year. As the Senator pointed out, we have only passed 1 of those bills out of the 12. We are now almost 3 months into the fiscal year. That happens to be the worst record in the history of the Congress, I believe.

That dysfunction of this Congress was not necessary, was it? Did we not vote I think almost 60 times on issues involving Iraq, on repetitive issues involving Iraq, to the point where the Democratic leaders have essentially said: We are going to ignore the operation of the day-to-day business of the Government in order to call up 60 votes, many of which were simply political votes, and use up the entire calendar of the Congress in order to make political points, when they knew they were not going to be able to do a great deal in this area other than what they should do, which is fund the troops in the field?

Mr. CORNYN. Mr. President, the Senator from New Hampshire is absolutely correct.

I would further say in response to his question, you know there is a marked contrast to the tone that was set at the very beginning of this Congress with the new majority in charge. The Senator from Illinois, Mr. Durbin, who was on the floor earlier, said:

I think the people across America said to us in this last election, we want you to compromise, we want you to find solutions, we do not want you to play to a draw with nothing to show for it.

Well, that is in the Congressional Record on January 4, 2007. I agreed with that statement then. But, as I say, it stands in marked contrast to what we have seem demonstrated this last year.

The Senator from New York, Mr. Schumer, who was on the floor earlier, on that same date said:

All too often we in Washington get lost in the world of Washington, the focus on getting something done, something done for the American people gets lost.

Well, I wish they had heeded their own advice because what we have to show for this last year is very little, indeed. Failing to take care of our most basic responsibilities, as the Senator from New Hampshire has pointed out, to fund the Government on a timely basis--the fact is, we find ourselves in a terrible position now, with just a few days remaining until the Christmas break to get that work done.

Mr. GREGG. If the Senator would yield further for a question?

Mr. CORNYN. I would.

Mr. GREGG. My first two questions were sort of to lay the predicate for this question, which is that the other side of the aisle has spent a lot of time saying the minority is obstructing, the Republicans are obstructing. Yet was it not by conscious choice that they decided to create a legislative calendar which was totally dominated by their desire to make political points over the issue of how the war in Iraq was proceeding rather than to take up the appropriations bills, which are the proper order of the Congress, one of the first responsibilities of the Congress? The Republican side of the aisle has not resisted going to appropriations bills; it has been the other side of the aisle which has refused to bring them up.

So this allegation of obstruction is really a bit of a straw dog, is it not? Are they not in the position of basically having created the problem and then trying to claim the problem is created by us when, in fact, the problem was created by the fact that they refused to take up the business of the Government, and now, in the 11th hour 49th minute, they have decided to turn to the business of the Government and they have chaos on their hands as a result of their own management?

Mr. CORNYN. Mr. President, I agree again with the statement made and respond in the affirmative to the question propounded by the Senator from New Hampshire. This Congress has spent 11 months holding Iraq political votes that have had no chance of becoming law.

We have had 63 votes thus far this session. In the meantime, while the majority has been fiddling, the business of the American people has not been done. I think about the issues besides those of national security that cry out for solutions, things such as border security and immigration reform. Couldn't we have used some of this time more constructively to solve one of the biggest domestic issues confronting the country today? How about energy policy? We have an energy bill that raises taxes on domestic producers and encourages our dependence on foreign oil, when we could have worked together to pass an energy policy that would have prepared us for the future. We have not done that. Health care, which is a tremendous concern of my constituents in Texas and elsewhere, we could have acted to deal with the health care access cost and quality crisis in this country, but we have not.

I know there are other colleagues who wish to speak.

I reserve the remainder of my time and yield the floor.

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