Mr. President, reserving the right to object, I have come here today on the floor in good faith. I have come here not to argue. I have come here trying to find agreement. And I have listened to the…
Mr. President, reserving the right to object, I have come here today on the floor in good faith. I have come here not to argue. I have come here trying to find agreement. And I have listened to the Senator from Virginia, now the Senator from Maryland, and I have to say, I don't know exactly what percentage, but probably 95, 98 percent of what they have said, I agree with.
I do have to point out, and this would be the most--I would say this is a partisan comment. We have voted now 12 times on a measure that would open up the government. It is what the House passed as a clean CR, similar, if not identical, to what happened 13 times during the Biden administration--just a clean CR to open up the government at President Biden's levels, funding levels that Democrats voted for.
By the way, you know, House Republicans could have come to the table with a CR with $1.5 trillion of spending reductions to match the $1.5 trillion of spending increase the Democrats wanted, and now there would be areas of compromise.
But the House Republicans basically said here is the deal: Let's not shut
down the government. Let's not make Federal Government workers pay for our dysfunction. So pass a clean CR at President Biden's funding levels.
So, again, that has been voted down 12 times, regrettably. But let me set that aside.
I found out about the Senator from Maryland's proposal last May. I got the language this morning. I have got the bill here. And, you know, first of all, I kind of chuckled because the name of the bill is--I have actually got the true Warren Buffet tax, and we ought to talk about that later on. You might find that interesting. So he has taken my bill, the Shutdown Fairness Act, and now this is his bill, the True Shutdown Fairness Act.
And, again, I haven't done a word comparison, but it is probably like 95 percent of the Shutdown Fairness Act. That is a good thing. That shows there are a lot of areas of agreement.
I come from the private sector. You don't get a whole lot accomplished arguing all the time. It is all about finding areas of agreement. I have got a product; you want to buy it. Now, we will haggle over the price.
I have got a product; you want to buy it. Now, we need to haggle over the price.
Now, the three areas of--the differences in these bills--I think I have got this right. I would ask the Senator from Maryland to confirm that. Your bill is only for this fiscal year. My bill would just end this punishing Federal workers for our dysfunction forever. I mean, I think we should make it permanent.
The Senator from Maryland's bill includes furloughed employees. Now, the fact of the matter is, when all this is said and done, when we finally end this dysfunction, we fund the government through an appropriation, and because of the 2019 Government Fair Treatment Act, they will get paid anyway.
So my bill is obviously targeted to the people we are forcing to work, but I am not necessarily opposed to paying furloughed workers as well. That is something we can talk about.
The last difference is, it limits reduction in force. And I come from the private sector. Nobody likes to terminate employees--nobody.
But in the private sector when a business is facing bankruptcy, sometimes business owners are forced do that to preserve the other jobs.
The Federal Government is $38 trillion in debt. I don't think we should limit the President's ability, the Chief Executive's ability, to properly manage the Federal Government and make the tough decisions, sometimes, to reduce the workforce, cut out some government functions.
Again, that is something we can talk about.
So, again, I think, in fairness to the more than 2 million Federal employees that are now being forced to work because--the term is ``excepted,'' but that means they are essential--they are protecting our Nation; they are protecting our safety and security; they are writing Social Security checks. We need to see that they get their paycheck so they don't have to work Door Dash, so they don't have to go to food banks, so they are not under that stress.
I am asking in good faith, let's figure out how to get that done.
Now, I mean, I could propose--I will change the name of mine, by the way, if you want to call it ``true'' because I think it is the True Shutdown Fairness Act.
Today, right now, I would be willing to add furloughed workers because we are going to pay them anyway.
I am just asking: Would you substitute your bill; take my bill, substitute it in? I have actually got my staff to write the language to do this. It is probably not ready for prime time. You really need to get through leg counsel and that kind of stuff. But you would take my bill, add furloughed workers, and say it is a done deal? Is that something you would accept here today?
Yes, yes.
Again, I--
Again, I am trying to keep this--let's not argue. OK? Let's focus on areas of agreement.
So reduction in force, again, I think we probably have a philosophical disagreement there. I am not associating myself with anybody else's remarks. That is something that I think reasonable people can disagree with, and I think reasonable people can come to an accommodation.
Again, we are talking about making sure that 2.8--I think is about the number, 2.8--million Federal employees aren't worried about getting their next paycheck. That so overwhelms, quite honestly, the smaller differences about the length of the bill or what reduction in force.
Again, I am willing to come a long way in terms of--
I am willing to come a long way in terms of including furloughed workers. So, again, what I am suggesting is the way to do it--by the way, this could be a wonderful example for this body, working on a piece of legislation that, again, you bring it to the floor. We filed it--it got rule XIV'd, but we are doing it the right way. We are going to ask for a cloture vote on it, get it on the floor, open it up to amendments--perfect it. See what the body of the Senate wants to do with this piece of legislation that, again, we probably agree on 95 percent of it or higher.
The way to do it is, when I offer my bill and we vote on cloture, vote for cloture. Let's get on the bill. Let's start discussing today. I mean, maybe if we are so successful, we find the differences are so slight, we can pass it by UC later in the day.
But we do need to take this back to our conferences. We do need to go to the leg staff. We do need to perfect this. It will probably take it more time.
Passing it by unanimous consent is not the way to do it. I appreciate the attempt. I appreciate the dialogue.
That is not what I am asking. In all sincerity, for the benefit of those 2.8 million workers--our military, our law enforcement--let's take that burden off them today. Let's give them some hope to know this body is going to finally do something in a nonpartisan--I call it nonpartisan--way that we all agree on. We are going to iron out our differences the way you would generally do it, the way it used to be done: By getting onto a bill, voting for cloture, having the will to work its way, and then hopefully pass it early next week. That would be my suggestion.
I would be willing to do it today. I don't think we could probably handle that. There are things to discuss. That is all I am asking.
Would you like to respond?
Like I said, I really didn't want to come and argue.
I have to dispute that because even the National Active and Retired Federal Employees Association, which has endorsed my bill, says
that the bill does not single out favored political functions over its favored ones.
You understand, under the Antideficiency Act, opinions from the Office of Legal Counsel, ``excepted employees,'' it is pretty well standard. There may be some tweaks back and forth, which is what you give latitude to the executive branch.
Again, I am willing to sit down. I am sure the Republican conference is willing to sit down and say: OK. What should we do?
I think Congress has given way too much authority to the executive branch. I don't mind dialing that back a little bit. But, again, the way to approach that is let's get on the bill; let's talk about it; let's offer amendments--amendments that pass by voice vote--and let's get it done.
There is a lot of pressure on all of us. We all want to get this done.
But, again, passing by unanimous consent is not the way to get it done. The way to get it done is the way the process should work. I mean, wouldn't it be wonderful to actually see the process work in the Senate?
You know, again, I realize you don't like--
Let's get on the bill. And then let's sit down in good faith. Let's hammer out amendments, and let's get the thing passed next week. Let's do that. That is all I am asking.
I honestly hate to object to this. I don't want to. OK? But, again, this is not the way to pass it.
So, again, I will speak to my bill. I know we have got to get to votes and that kind of stuff. But again, truthfully, in as good of faith as I possibly can be, we have to get this done, and the way to do that is vote to get on the bill. Let's sit down and talk in good faith, and let's hammer out--it might be pretty minor differences when all is all said and done.
With that, Mr. President--
Sure.
Let me address that. I think this brinkmanship has got to end. I have been here 15 years. We should have passed 180 appropriations bills before the end of the fiscal year. We passed six. A lot of people worked in good faith to do that. OK.
It is obviously broken. We have got to start working on appropriations and budget reform. We have to start working on that together. OK?
But my guess is, part of what has happened with the reduction in force is that brinkmanship, trying to get you folks to just agree to what you have done 13 times. Just open up the government, and then we will talk. OK? We are more than open to talk.
But anyway, again, I am literally begging you, please, when we vote on cloture, vote to get on the bill, and then let's go through the amendment process, and let's get it done quickly.
Again, there is not that big of difference. We can get this done.
Again, I hate to do this, but with that, I will object and just, again, beg you.
Mr. President, reserving the right to object, again, I will condense my remarks because so much of what I want to say I already said to the Senator from Maryland.
I think it is interesting that the Senator from Michigan supports the Senator from Maryland's bill, which is a more comprehensive bill, I think. I only saw this now and hope I get it right. But I think yours is just limited to the time period from the shutdown until the bill is passed, and then we are in the same situation: The shutdown continues.
Hopefully, it won't. You know there is a way of doing it. Just vote for the clean CR.
But, again, I really don't want to object to these bills, but in this case, I understand the way to pass this into law--as I was speaking to the Senator from Maryland today, as he exited the Chamber: Wouldn't this be a wonderful demonstration for the Senate, the Congress, for America of how you pass a piece of legislation? If you take the bill--I realize you don't 100-percent agree with my Shutdown Fairness Act. Fine. I think we are 90-plus percent in agreement on it.
You vote for cloture to get on the bill. Then you work in good faith on the areas of disagreement. Let the Senate work its will through the Member process.
This is a small piece of legislation. It is an incredibly important piece of legislation. It is incredibly important because we all agree that we don't want to make Federal employees pay for the dysfunction of this body.
Let's first demonstrate that this body can actually function the way it is intended to function, which is to write a bill, get it filed, have the leader file cloture on it, and have the body vote to proceed to the bill with 60 votes.
We don't need all of you. We need about seven of you, eight of you. OK? Have eight of you agree to get on the bill. Then we will work in good faith and make sure that we don't make Federal employees pay for our dysfunction.
Again, I do have to object. But, again, I am urging--I am begging-- colleagues from the other side of the aisle to vote for cloture, and let's iron out these differences and make the Federal employees whole.
I object.
So now we will proceed to the cloture vote on the Shutdown Fairness Act.
In response to this, quickly. It is unrealistic to expect almost any piece of legislation to pass by unanimous consent, a bill that has just been introduced that exact morning. No matter how simple it is, there are going to be people who are going to object. So that is why the process is to file a bill, to file for cloture, and to proceed to get on the bill, to have the amendment process, and to go through the process. It can go very quickly, but doing this by unanimous consent is just unreasonable. So that is unfortunate. Again, the solution here is to vote for cloture to get on the bill, the Shutdown Fairness Act.
Now, I will try and keep my remarks reasonably short. I was allotted 20 minutes, but I know people are already here on the floor to vote, so I am mindful of that, but this is just a quick, little history of my experience since I got here in 2011.
This is our fourth shutdown now, and we are on the 23rd day. We have had 55 continuing resolutions. Again, I didn't vote for all of them, but I voted for many of them. You know, other colleagues on both sides have voted for those. I mean, generally, the fight is over. Let's just have a clean CR; let's not junk it up with policies. That is the loggerhead here. One side refuses to just do a clean CR. We have had 12 either increases or suspensions of the debt ceiling, and we have just surpassed $38 trillion in debt.
I realize people work in good faith on the budget process. I am on the Budget Committee and have been on the Appropriations Committee. I see the former chair and ranking member of the Appropriations Committee on the floor here. The sad fact is, since I have been here, we should have passed 180 appropriations bills prior to the end of the fiscal year that we are going to fund, but we have only passed 6. That is a 96.7-percent failure rate. It is clearly broken. The budget and appropriations process is broken.
Rather than spending weeks arguing over how do you get the government back open, I would much rather sit down in a nonpartisan way and go, How can we fix this? Can we go to 2-year appropriations cycles? I mean, what can we do to the budget process? I mean, I would much rather talk about that.
I understand that there is a lot of bipartisan agreement on proposals, but we will never get to that if we are literally mired down. Last year, it took us 6 months to finally fund the government with a continuing resolution. This is beyond ridiculous. So, again, this is a bipartisan problem here. I am not placing blame anywhere. It is just a bipartisan problem.
Unfortunately, we haven't passed any appropriations. I have pointed out before that the Democrats voted 13 times during the Biden administration for a clean CR at Biden's spending levels. Now they are saying, no, they won't.
Of course, their leader, in doing that on January 16, 2024, said:
Passing a clean CR this week is important for two main
reasons: First, passing the CR will avert a harmful and
unnecessary government shutdown. No reasonable Member of
either side, Democrat or Republican, wants a government
shutdown.
That was not Leader Thune saying that. That was then-Leader Schumer saying that, and now he has, obviously, completely changed his tune.
I did point this out, and this is important to understand because the other side is saying: Look, why don't you sit down and negotiate and compromise?
The House could have passed a CR with $1.5 trillion in spending cuts to match the CR proposed by the Democrats of $1.5 trillion in new spending. OK. There you go. Now you have got something to compromise on. That is not what the House did. The House said: Well, let's do what we did 13 times under the Biden administration. Let's just pass a clean CR at Biden's level and really beg the Democrats to say yes, but they haven't been willing to do that.
Again, I know people are waiting to vote, and I am not going to talk about the issue: you know, the fact that ObamaCare is causing premiums to skyrocket and what they are demanding, in terms of extending the enhanced
subsidies that were supposed to be temporary. They set the expiration date. It is ObamaCare that is causing premiums to be unaffordable, and they want those enhanced premiums to mask the failure of ObamaCare, but I won't get into detail on that.
I will talk about--this is day 23. We are forcing about 2.8 million Federal workers to work--military, law enforcement, people who write Social Security checks, and air traffic controllers who are keeping our skies safe--but we are not paying them. That is absurd. What is even more absurd is they will get paid. Whether they are working or furloughed, they will get paid because of the Government Employee Fair Treatment Act of 2019. Once this ends--I am assuming it will end with an appropriation--they will get paid.
With the Shutdown Fairness Act, all it asks--all it does--is to recognize that reality. It shouldn't cost a dime. The CBO has an alternate universe score on this. There is a zero score. This doesn't cost the Federal Government a dime. It just pays the workers who are being forced to work. Pay them now and not later. It makes incredible common sense.
I will end with a surprising support letter I got from the National Active and Retired Federal Employees Association that pretty well battens down all the arguments against this bill. It doesn't change the government's obligation to pay furloughed employees. They will get paid. It does not single out favored political functions over disfavored ones. Again, President Trump is, by and large, honoring the past opinions of the Office of Legal Counsel's Antideficiency Act.
They say that they don't believe that it is empowering the administration to pick and choose what activities it carries out. It includes to say that the American public relies on the full scope of Federal Agency missions that are funded via appropriations, and political pressures that exist to advance appropriations bills will remain to encourage resolution.
No, we are not there yet. I am sorry. I will conclude quickly.
The bottom line is, as I talk to the Senator from Maryland, the way to pass this law--the way to protect Federal workers--isn't with the unanimous consent request of a bill nobody has ever seen; it is to vote for cloture on the Shutdown Fairness Act. Let's work out the differences. We agree on 95 percent of it. Let's work out those differences and vote for cloture. We can get this passed, I think, early next week. With that, I will conclude my remarks on that.
Nomination of Rebecca L. Taibleson
Mr. President, I should be speaking for about 5 minutes on the wonderful nomination of Rebecca Taibleson, but I know everybody wants to vote.
She did a wonderful job in Judiciary. She is a highly qualified lawyer. She will make a wonderful judge for the Seventh Circuit. I urge all of my colleagues to vote for cloture on her nomination.
With that, I yield the floor.