Providing for Consideration of H.J. Res. 75, Special Supplemental Nutrition Program for Women, Infants, and Children Continuing Appropriations Resolutions, 2014; Providing for Consideration of Motions to Suspend the Rules; Waiving Requirement of Clause 6(a) of Rule XIII with Respect to Consideration for Certain Resolutions; and for Other Purproses

Floor Speech

By: Tom Cole
By: Tom Cole
Date: Oct. 4, 2013
Location: Washington, DC

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Mr. COLE. Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to my good friend, the gentlelady from Rochester, New York (Ms. Slaughter), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only.

GENERAL LEAVE

Mr. COLE. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks.

The SPEAKER pro tempore. Is there objection to the request of the gentleman from Oklahoma?

There was no objection.

Mr. COLE. Mr. Speaker, yesterday, the Rules Committee met and reported a rule for the consideration of 10 different joint resolutions, all of which demonstrate House Republicans' continuing commitment to reopen necessary portions of our government.

The rule is a closed rule, which provides for 40 minutes of debate between the chairman and ranking member of the Committee on Appropriations for each joint resolution. Additionally, the rule provides for 40 minutes of debate between the chairman and ranking member of the Committee on Oversight and Government Reform for H.R. 3223, the Federal Employee Retroactive Pay Fairness Act. The rule also provides for a motion to recommit for each bill or joint resolution.

Additionally, the rule extends same-day authority for resolutions reported by the Rules Committee through the legislative day of October 21, 2013, thus continuing to allow the House the flexibility to continue to address the government shutdown. Finally, the rule permits the Speaker to entertain motions to suspend the rules until October 20.

Here we are again, Mr. Speaker--day four of a government shutdown. Unfortunately for the American people, not much has changed. The Senate is still recalcitrant, unwilling to consider legislation that would reopen parts of the government. I do want to add an exception, though, and thank our friends in the upper Chamber for actually agreeing with us to exempt our military from these cuts, both civilian and uniform. The Senate, however, is still unwilling to go to conference to discuss the very serious fiscal issues facing this country. The Senate is also unwilling to consider any of the five pieces of legislation the House passed in the last 2 days, which will reopen parts of our government. Even so, House Republicans continue to bring legislation to the floor to meet the needs of American citizens.

Today's rule will allow for the consideration of resolutions that reopen the Bureau of Indian Education, the Bureau of Indian Affairs, the Indian Health Service, the WIC program, the National Weather Center, FEMA, our intelligence agencies, Impact Aid, Head Start--and the list goes on and on.

In addition, Mr. Speaker, this rule makes clear our commitment to the 800,000 Federal workers currently furloughed that they will, indeed, be paid. It is not their fault that Washington is dysfunctional in that Congress can't agree on the size and scope of government. Yet they are caught in the crossfire, wondering if they will be able to afford their mortgages and pay their utility bills. Mr. Speaker, that simply isn't fair. H.R. 3223, of which I am a proud cosponsor, would codify what we have done in every previous government shutdown: pay our Federal employees from the date on which the government shut down.

I particularly want to compliment in a bipartisan fashion our friends Mr. Moran and Mr. Wolf, who worked together on this measure, who brought it forward and gathered many dozens of cosponsors from both sides of the aisle. Quite frankly, I think their example of bipartisanship and working together is something that we could all learn from.

Mr. Speaker, Democrats and Republicans alike agree that that's the responsible thing to do. House Republicans are working to deal with the real-world problems of our constituents. Republicans are working to reopen the government. However, we lack a willing partner in the Senate and in the President. Every time we have attempted to negotiate with them, they have told us to accept their plan. They have even rebuffed our attempts to go to conference. Therefore, House Republicans have been left with little choice except that of passing a number of smaller bills to see if the Senate would be willing to accept those. Again, I remark on one occasion, with respect to the military, that they did, indeed, accept one, so I would urge them to do that with the others.

I urge support for the rule and the underlying legislation, and I reserve the balance of my time.

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Mr. COLE. I yield myself such time as I may consume.

Mr. Speaker, I want to address a couple of points that my good friend raises; but before I do, I want to agree with her in that I think we all think the government ought to be open. I, actually, don't think there is much division about that, and folks have actually tried to do that. On our side of the aisle, every single piece of legislation we've brought to the floor during this period has either kept the government open in whole or in part, and I suspect we will continue to try and do that. So it's not the aim of either side here to shut down the government.

In terms of the Affordable Health Care Act, I certainly don't support it--I voted against it, and voted multiple times to repeal it and delay it--but I'll agree with my good friend on that, too, in the sense that there are times when we have actually worked together on both sides of the aisle to change it. My friends like to quite often mention there have been 41 or 42 efforts to repeal, delay, defund the bill; but they usually forget to add--and, quite frankly, some people on our side of the aisle forget to add--that seven of those have actually succeeded, that is, a Democratic Senate and a Democratic President agreed with them.

The proposals that we have on the table now in terms of the Affordable Health Care Act are immanently sensible and overwhelmingly popular. To put it quite simply, we just don't think that political appointees and elected officials ought to be treated differently than other Americans. Now, we can get into a big fight about health care; but the reality is, right now, under the law, Members of Congress and their staffs can bring subsidies with them onto the exchange. No other American can do that. We can do this either way as far as I'm concerned. I could leave them back as Federal employees, and they could be treated like every other Federal employee--that's the acceptable solution to me at least--or we could allow other Americans to bring subsidies onto the exchange just like Members of Congress; but the underlying principle is that we ought to treat them all the same. Washington political appointees shouldn't be treated differently than the average American.

The second thing is, I think, very simple. We're not talking about delaying all of ObamaCare; but if we are going to allow big businesses to wait a year before they implement what they're required to do--if we are going to allow 1,100 organizations and many labor unions to do it--why shouldn't we allow the average American, at his choice, to delay it as well?

They don't want to delay. They can go onto the exchanges. The subsidies are still there. The tax programs are still there. Why shouldn't the average American have the same privilege that we've bestowed on Big Business, Big Labor, and countless organizations? That's what we're talking about.

To my friend's point here--and I suspect this is true of the debt ceiling a little bit further down the road--the Democratic approach is very simple: do everything I want, and then I'm willing to negotiate. We would like to sit down and talk now and see if we could find some common ground. We've got negotiators, conferees--the technical title--available to sit down and find common ground. We're not asking for something that is unreasonable, in my view. We're certainly not proposing something that is outside the scope of the type of things we've been able to agree on before.

The President, I want to add, is taking the same approach that the Senate has taken with regard to the continuing resolution with the debt ceiling. He has just simply said we have to raise it unilaterally. That's not a particularly popular vote, probably on either side of the aisle. It's certainly not on my side of the aisle.

I'm willing to work with the President on the debt ceiling. I did it in 2011. And I want to note for the record, that is something he never did when he was a Member of the United States Senate. He didn't vote to raise the debt ceiling when he had the opportunity to do it. Instead, he engaged in a lecture about debt. It probably was a lecture that was needed. Regardless, he did not do for George Bush what he's asking us to do for him.

I'm willing to do that. I'm willing to work with him on the debt ceiling. If you voted for the Ryan budget, you envisioned the debt ceiling as being something that has to be raised while you deal with the underlying deficit. I do want to do something or be in a negotiation with the President about what to do on that deficit. I don't think that's an unreasonable position.

I think the real central issue in this is not the Affordable Care Act, not the debt ceiling, and, frankly, not even the government shutdown, as serious as that is. The real issue is whether my friends and the President of the United States will simply come to the table to negotiate. Will they put a counterproposal out there, or is it simply going to be: We insist in getting our way, in full, all the time? I don't think that's an acceptable way to arrive at common ground, and I don't think it's likely to succeed.

Mr. Speaker, I reserve the balance of my time.

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Mr. COLE. Mr. Speaker, I yield myself such time as I may consume.

Just a quick point. My friend is always quite eloquent, and I know, frankly, very passionate and very well-meaning and very expert when he talks about nutrition programs, where he spent a great deal of time.

For the record, it's worth noting that we have increased nutrition programs broadly by 400 percent since George Bush became President. We doubled them, roughly, when Bush was President. Doubled them again since President Obama has been in office. What the Republican program is talking about is a 5 percent cut after a 400 percent increase based on reforms. I think it's maybe not quite so dire.

Again, I recognize my friend's good work in this area and hope that we have an opportunity to get to conference, have that discussion. I suspect the bill, if it comes back, may be closer to his liking than the bill that went out.

Mr. McGOVERN. Will the gentleman yield?

Mr. COLE. I yield to the gentleman from Massachusetts.

Mr. McGOVERN. I thank the gentleman for yielding.

My objection with the Republican approach to the SNAP program is that 3.8 million people will lose their benefits, 170,000 veterans would lose their benefits, and we have a problem with hunger in America. We have close to 50 million people who are hungry, and 17 million are kids. We should all be ashamed of that. We should be coming together to solve the problem and not making it worse. That's where my frustration comes from.

Mr. COLE. Reclaiming my time, the rolls have been going up in a period we're supposed to be recovering. I think we have some genuine problems in this program in terms of reform. Again, that's the initial proposal. It's not out of bounds considering a 400 percent increase to have a 5 percent cutback. We'll wait and see what comes out of the conference committee.

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Mr. COLE. Mr. Speaker, I yield myself such time as I may consume.

I want to thank my good friend from New York. She's always a terrific, frankly, counterpoint and debater, and we agree on some things. We both agree that the government shutdown's not a good thing.

Frankly, there's a strong bipartisan agreement. It's not something that either side wished to achieve, and it's something we ought to be working together, step by step, to try and undo; and, frankly, we've made a little bit of progress.

Again, the idea that it never works to work piecemeal, it certainly did with respect to the United States military, civilian defense force, and contractors. That's exactly what we did.

We passed something out of here; and the Senate, which said it wasn't going to agree to anything, magically did.

Now we're going to, hopefully, eventually pass H.R. 3223 out of here to guarantee back pay. I think most people on both sides of the aisle will support that. The President's indicated he'll sign it, which suggests to me that the Senate will probably take it up and move on it. So, voila.

Once again, just working through the process, we've found something that we can agree on. The differences here should not be so great that they can't be bridged.

Just to remind everyone of the history, we have placed multiple offers concerning the Affordable Care Act before the Senate. The last offer seems to me something that we ought to be able to agree on, or certainly be willing to sit down and discuss. It only has two points, and it's basically a question of fairness.

Why should Members of Congress and high appointees in the executive branch and our staffs go into the exchange and be able to bring subsidies with us, when no other American can do that?

It's just not fair.

Now, we could amend the law and let everybody come into the exchanges with subsidies. That would be fair. Or we could say, you know, really, Members of Congress and their staff are at a fundamental level employees of the Federal Government and they ought to be in that, and that would be fair. But let's treat everybody the same.

More fundamentally, currently, the President has unilaterally decided to exempt 1,100-plus organizations. He's unilaterally, in a questionable measure, constitutionally, decided to suspend parts of the law for a year and exempt Big Business.

We think, gosh, if you're going to do that, shouldn't every single American have the right to decide whether or not they want to participate in this for just 1 year until everybody is actually operating under the same system?

That too is a question of fairness. Give every individual American the same relief from a mandate that you're giving Big Business and Big Labor. It just seems to me commonsensical.

It doesn't mean you have to stop the exchanges.

You don't have to undo the program. Just treat everybody the same. Be fair. That's the Republican proposal in front of the Senate right now, and, frankly, I think they probably don't want to discuss it because it's a hard one to say ``no'' to because it's fundamentally fair. And that's all we've asked, is that the Senate, which has rejected it, at least come to conference and talk about it.

The real issue here beyond the questions of policy is whether the Senate is going to be allowed to dictate unilaterally what the House does. Is it just going to say, no, you've to do it our way? We're not going to negotiate. We're not going to go to conference. We're not going to deal with you. You have to do it our way. That's not the way the system was set up.

My friend, Chairman Rogers, pointed that out quite succinctly. We've got a way to handle this. It's called go to conference, argue, and work out the differences. And I suspect we're going to see the same thing a little bit down the road from the President, who's told us and told the Speaker this week, I'm not going to negotiate with you on raising the debt ceiling in the United States. You just have to do it unilaterally. You have to put the country further into debt without any discussion of what we can do to change the trajectory of that debt.

Now, that's a remarkable change from where he was in August of 2011. A remarkable change. He was in a very different place and position and was willing to sit down and talk. I don't know why he would change that now.

So I think we should do something in this bill to build on this piecemeal approach. We should pass these different measures. We agree these parts of government ought to be open; and we should continue to work through, conference with our friends in the Senate and ultimately in negotiation with the President of the United States on the debt ceiling.

And so I urge the adoption of this rule.

In closing, I'd like to, again, say that one of the basic functions of Congress is to fund government. This rule would allow 10 or more pieces of that government to open again to provide for crucial services that they provide. I would urge my colleagues to support this rule and the underlying legislation.

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