Bring Jobs Home Act--Motion To Proceed
Madam President, I move to proceed to Calendar No. 442. Madam President, I suggest the absence of a quorum. Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, the schedule here this…
Madam President, I move to proceed to Calendar No. 442.
Madam President, I suggest the absence of a quorum.
Madam President, I ask unanimous consent that the order for the quorum call be rescinded.
Madam President, the schedule here this morning is that the first hour will be equally divided and controlled between the two leaders or their designees, the majority controlling the first half and the Republicans the final half.
Yesterday cloture was filed on the motion to proceed to the Bring Jobs Home Act. Unless an agreement is reached, this vote will occur tomorrow morning.
Measure Placed on the Calendar--S. 3393
Madam President, I am told S. 3393 is at the desk and due for a second reading.
Madam President, I object to any further proceedings on this bill at this time.
Madam President, if you want to do business in America today, your goal should be to make a profit. There is nothing wrong with that. That is good. Millions of hard-working American entrepreneurs are the backbone of our economy. And if your company boosts profits by sending jobs overseas, that is your right as a business owner. But American taxpayers shouldn't subsidize your business decision to outsource jobs, especially when there are millions of people in this country looking for work.
Over the last 10 years, about 2\1/2\ million jobs in call centers, sales centers, financial firms, and factories were shipped overseas, and American taxpayers helped foot the bill for sending those jobs overseas. Every time U.S. companies ship jobs or facilities overseas, American taxpayers help cover the moving costs. The Bring Jobs Home Act will end these disgraceful subsidies for outsourcing and would give a 20-percent tax break to cover the cost of moving those jobs back to the United States.
But Republicans are filibustering this commonsense legislation. It is no surprise Republicans are on the side of corporations--corporations making big
bucks--sending American jobs to China, India, and other places. After all, their Presidential nominee, Mitt Romney, made a fortune in outsourcing jobs also. So Republicans are once again putting tax breaks for big corporations and multimillionaires ahead of the needs of ordinary Americans.
What most Americans need is a good job--a job here at home--and the assurance their taxes won't go up on January 1. Democrats, Republicans, and Independents across the country agree with our plan. It is only Republicans in Congress who disagree. Yet Republicans here in the Senate are filibustering legislation to bring jobs back to America. They have twice blocked a vote on legislation to keep taxes low for 98 percent of American families.
It was Republicans who asked for a vote on the plan to raise taxes for 25 million families and a vote on our plan to keep taxes low for 135 million American taxpayers. So we offered them what they wanted. We offered them up-or-down votes on both proposals--no procedural hoops, no delay tactics, just a simple majority vote on our plan and theirs. And they refused.
Maybe Republicans refused our offer because they don't have the votes for their plan to raise taxes on 25 million Americans or maybe they have refused it because the majority of Americans support our plan to keep taxes low for 98 percent of families, while asking only the top 2 percent to contribute a little bit more to reduce the deficit. Everyone across America--the majority of Republicans--supports our plan. Yet, still, Republicans here in the Senate are holding hostage tax cuts for nearly every American family to extort more budget-busting giveaways to millionaires and billionaires.
For a year, the budget deficit was all Republicans wanted to talk about. They were willing to end Medicare as we know it, slash funding for nursing homes for seniors, investments in education, and raise taxes on the middle class all in the name of deficit reduction. But now that Democrats have a plan to reduce the deficit by almost $1 trillion simply by ending wasteful tax breaks, Republicans have given up fiscal responsibility.
So I say this to my Republican friends: You can't have it both ways. You can't call yourself a deficit hawk and fight for more tax breaks for millionaires and billionaires while the deficit increases. You can't call yourself a fiscal conservative and fight to protect tax breaks for companies that outsource jobs to India and China.
Recognition of the Minority Leader
Madam President, through the Chair, I would answer my friend the Republican leader, as I have said here on the floor. I believe what took place at the beginning of this Congress was something that was very important for this body. It was led by Senator Udall of New Mexico and Senator Merkley of Oregon. They had been here a little while and they thought the Senate was dysfunctional. Well, they hadn't been here a long time, and I was still willing to go along at that time with the traditional view of let's not rock the boat here. But that was with the hope, and I thought the assurance of my Republican colleagues, that we would not have these continual, nonsensical motions to proceed filibustered, taking a week to get through that before finally moving to a piece of legislation.
So I said here in the Senate a few months ago that I was wrong. It is hard to acknowledge you are wrong. It is difficult for any of us to do, especially in front of so many people. But I said I think they were right and I was wrong, and I stick by that. I think what has happened the last few years of changing the basic rules of the Senate where we require not 50 votes to pass something but 60 votes on everything is wrong. I think we waste weeks and weeks on motions to proceed.
I had a conversation with a real traditionalist last evening--Carl Levin, the Senator from Michigan--where we talked about this at some length. He acknowledges the motion to proceed is a real problem here but he disagrees with me. Others can talk to him personally, but that is the way I understood him. But I am convinced something must change, unless there is an agreement to change how we focus on the motion to proceed.
I will try to end this quickly, but I think the leader deserves a full explanation. The filibuster was originally devised--it is not in the Constitution--to help legislation get passed. That is the reason they changed the rules here to do that. Now it is being used to stop legislation from passing, and so we have to change things because this place is becoming inoperable.
Madam President, that is an easy question to answer. We already have a budget. We passed, in August of last year, a budget that took effect for the last fiscal year and this fiscal year. It set numbers--302(b) numbers, in effect. There was no need for a budget this year. We already had one.
So the hue and cry of my Republicans friends that we need to have a budget is just a lot of talk. We already have a budget.
That also is an easy question to answer. The Republicans in the House--and this is a bicameral legislature--have reneged on the law that was passed last August where it set numbers. Their appropriations bills have artificially lowered the numbers and violated the law, in effect, here in this Congress. As a result, Senator Inouye has marked up his bill--subcommittee bills.
But I would also say the House is not serious about what they do. Energy and Water used to be one of the most important subcommittees-- the most popular, I should say, in addition to being important--in this body. I was fortunate to serve on that subcommittee for more than a quarter of a century under great leaders--Domenici, Bennett, Johnson, and the committee chairs switched back and forth. But the House sent over here an Energy and Water Subcommittee appropriations bill that has more than 30 riders directed toward EPA-type functions alone. I mean, they are not serious about doing legislation. They are serious about satisfying their tea party and the ridiculous messages they are trying to send.
I would also say one of the other problems we have is we have to fight to get to anything--any legislation. We have to fight to get that done. As you know, we have wasted--I said weeks earlier--months trying to get legislation on the floor. So appropriations bills, I want to get these done. I am an appropriator. But it has been unrealistic with the actions of the House.
The answer is pretty simple there too: We have spent the last many weeks working through procedural matters on bills the Republicans have held up.
We are now in a cloture situation. I spoke to Senator Levin last night about that. He is the chairman of that committee. I have spoken to John McCain several times on this matter. I know how important they feel this legislation is, and I think it is important also. But we can only do what we have to do.
One of the things I have an obligation for our country to get to is cybersecurity. I was asked to visit with General Petraeus. I did that a day or two ago. And we don't have to have a briefing by General Petraeus to understand how important it is to do something about cybersecurity. There are people out there making threats on this country every day, and we have been fortunate in being able to stop a number of them. So we are going to have to get to cybersecurity before we get to the Defense authorization bill because on the relative merits of the two, cybersecurity is more important. They are both important, but I believe that one is more important than the other.
Madam President, the Republican leader has asked a few questions, so I will proceed to answer.
I can remember reading with great interest George Orwell's ``1984'' book where, as you know, it came out that up was down and down was up. The Republican leader is living in a fantasy world if he believes what he said, and I assume he does. That is why two scholars, Mann and Ornstein, a couple months ago wrote a book. They have been watching Washington for three or four decades, and they said they have over the years been like a lot of people
who are writers--Democrats did this, Republicans did this--but their conclusion was that what has happened in recent years is the Republicans have stopped this body from working by all of their shenanigans on these motions to proceed, creating 60 votes where it never existed before.
Robert Caro, who is writing the definitive work on Lyndon Johnson, one of my predecessors, said that I had a very difficult job based on how the Senate has changed with what the Republicans are doing.
Now, we have tried mightily. We have gotten a few things done. Whenever there is a decision made that they want to help a bill get passed, we get it done--for example, the highway bill. That bill took so long to get done. We had one major piece of legislation that we waited 4 weeks before they could get it out of their system that instead of doing highways, we should be doing birth control, determining what birth control women should be entitled to. All of these extraneous issues--important legislation held up. One of the Republicans over here decides they are a better Secretary of State than Hillary Clinton, holding up major pieces of legislation.
So I can take the criticism the Republican leader has issued. I assume it is constructive criticism, and I accept that. But I would just suggest to my friend that if a Democratic Senator--as the Presiding Officer knows--has a problem about anything going on around here, they talk to me. I don't think there is any reason for them to talk to the Republican leader. But if they do that, more power to them.
There have been volumes of pieces of legislation that have been brought to a standstill here. Why do we now have a rule that every basic piece of legislation has 60 votes?
I had a meeting with Senator Feinstein, Senator Tester, and Senator Lautenberg. In the course of the conversation, Senator Feinstein looked back and said: You know, I had really a controversial amendment dealing with what should happen to assault weapons. That passed on a simple majority vote. No one suggested filibustering that thing to death. That is new. That is new--legislation being used as an excuse to stop things.
Now, I want the record to be very clear--and I have made it all very clear in all of my public statements--about the need to get rid of the motion to proceed. I am not for getting rid of the filibuster rule. It is ``1984'' to suggest that I think the House and the Senate should be the same. But I do believe that when the filibuster came into being, it was to help get legislation passed. I repeat: It is now to stop legislation from passing. That is not appropriate.
So I am convinced that the best thing to do with filibusters is to have filibusters. I have been involved in a couple of them, and I am sure I irritated people on both of them, but I did that. One of them didn't last too long, but the first one lasted 11 or 12 hours. That is what filibusters are supposed to be, not throwing monkey wrenches into decisions we are trying to make and then walking off the floor.
The rules have to be changed. I acknowledge that, and I don't apologize for it for 1 second.
As far as how I attempt to run the Senate, I do the best I can under very difficult circumstances, as indicated by the two writers Mann and Ornstein.
Madam President, I think this best can be answered in my not responding directly but quoting. This is from an op-ed that appeared around the country by Thomas E. Mann and Norman J. Ornstein. ``Let's just say it,'' is the headline, ``The Republicans are the problem.''
I am quoting:
Rep. Allen West, a Florida Republican, was recently
captured on video asserting that there are ``78 to 81''
Democrats in Congress who are members of the Communist Party.
Of course, it's not unusual for some renegade lawmaker from
either side of the aisle to say something outrageous. What
made West's comment--right out of the McCarthyite playbook of
the 1950s--so striking was the almost complete lack of
condemnation from Republican congressional leaders or other
major party figures, including the remaining presidential
candidates.
It's not that the GOP leadership agrees with West; it is
that such extreme remarks and views are now taken for
granted.
Understand, Ornstein works for the American Enterprise Institute, a conservative think tank. They go on to say:
The GOP has become an insurgent outlier in American
politics. It is ideologically extreme; scornful of
compromise; unmoved by conventional understanding of facts,
evidence and science; and dismissive of the legitimacy of its
political opposition.
I am a legislator. I have been doing it for 30 years here and for quite a few years in Nevada prior to getting here. I have enjoyed being a legislator. These last few years, because of what we hear from Ornstein and Mann, has made it very unpleasant. For the Republican leader, with a straight face, to come and say: Why aren't we doing the Defense authorization bill? Why aren't we doing appropriations bills, everyone knows why we are not doing them. They have not let us get to virtually anything. To be dismissive of me because I say the Republican leadership in the House has been dismissive of the law we have guiding this country, I think says it all. I recognize we are a bicameral legislature. We have our own things to do. But we have to take this as a whole and look at the record--major pieces of legislation we cannot get to.
For example, we cannot get to something dealing with outsourcing of jobs. We are here filibustering a motion to proceed to that--a motion to proceed to it, not the substance of the legislation, a motion to proceed to it.
The record speaks for itself. The record speaks for itself:
We have been studying Washington politics and Congress for
more than 40 years, and never have we seen them this
dysfunctional. In our past writings, we have criticized both
parties when we believed it was warranted. Today, however, we
have no choice but to acknowledge that the core of the
problem lies with the Republican Party.
The GOP--
The Grand Old Party, the Republican Party--
has become an insurgent outlier in American politics. It is
ideologically extreme; scornful of compromise; unmoved by
conventional understanding of facts, evidence and science;
and dismissive of the legitimacy of its political opposition.
Madam President, in one committee, the Energy and Water Committee led by Senator Bingaman--that committee alone has had hundreds of pieces of legislation held up. It can't get out of the committee. I am sorry it is an unusual thing to have Ornstein and Mann referred to as liberals, but whatever they are, working for the conservative American Enterprise Institute, one of them at least--it is very clear they view this body as being in deep trouble because of the Republicans being dysfunctional themselves.
I think it is very clear we have a situation--I understand there is a Presidential election going on. I clearly understand that. I know there are efforts to protect their nominee. We do what we can to protect the President of the United States. But that should not prevent us from legislating.
For my friend, who has been on the Appropriations Committee as long as I have, to talk about why aren't we doing appropriations bills--it is obvious. We have 12 or 13 appropriations bills. We have simply not been able to get to the appropriations bills----
Mr. President, I don't think it calls for my being interrupted. I have listened patiently to all his name calling and I do not intend to do that. But I do say this. I have tried to call up lots of things--lots of things, by consent or by filing motions, and virtually everything has been held up. The bills he is talking about, to stand here and boast about passing five pieces of legislation in an entire Congress is not anything any of us should be happy about. We should not be happy about that at all. We should be passing scores of pieces of legislation, as we did in the last Congress.
But, no, the decision was made at the beginning of this Congress--it may not be a direct quote but substantively accurate--my friend the Republican leader said his No. 1 goal is to stop Obama from being reelected, and that is what this legislation we have tried to get forward has had, the barrel we tried to get around continually. We are going to go ahead. We will have cloture tomorrow on another one of our scores of times we have tried to break cloture this Congress and move on to something else. We have had 13 cloture votes on motions to proceed in the second session of the Congress alone--13. Others just went away because we run out of time to do those kinds of things.
As indicated by the Republican leader, we passed five things. That is about one-third of the motions I have had to file to invoke cloture on motions to proceed, not on basic legislation.
Madam President, we are where we are. I think it is very clear from outside sources--take, for example, I repeat what Caro said, writing the definitive work of Lyndon Johnson, about the difficult job I have had because of the way the Senate has changed because of what has taken place in the last couple years. We have had bills we have been able to work things out with, with Republicans. That is pleasant, and I am glad we have been able to do that. Most of the time we cannot do that. We have, for example, one Republican Senator, when we are in tense negotiations with Pakistan on a lot of very sensitive issues, who wants to do something that is outside the scope of rational thinking, which holds up legislation. We have had--we have tried very hard all different ways to move legislation in this body. For the first time in the history of the country, the No. 1 issue in the Senate of the United States has been a procedural matter: How do we get on a bill? A motion to proceed to something--that has taken over the Senate and it needs to go away. We should not have to do that anymore.
I do not have a better friend in this body than the chairman of the Appropriations Committee. I have been one of his big fans. He has been one of my big fans. He, of course, is a national hero, a Medal of Honor winner, and great chairman of the Appropriations Committee. We work hand in glove. Everything I have said about the appropriations process will be underscored, will be and has been, by Senator Inouye. He supports what we are unable to do. He realizes that. He realizes his counterpart in the House has fumbled with the numbers and it makes it extremely difficult to get things done. We understand that.
But the main problem is we cannot get legislation on the floor because the No. 1 issue we have talked about in the Senate this entire Congress is how to get on a bill, and that is why the motion to proceed must go away.
Madam President, one of the most important issues facing America today is jobs being shipped overseas. Whether it is Olympic uniforms being made in China when they could be made by Hickey Freeman in New York and made here in America, outsourcing is an important piece of America that we now have to deal with. And, of course, we have the additional problem that Governor Romney has made a fortune shipping jobs overseas.
The American people care about this issue. We can sit here and point fingers and say: Boy, that is terrible. We are now going to have to deal with outsourcing. We should deal with outsourcing. We should have done it before, but we have had a problem getting legislation on the Senate floor. So I don't apologize to anyone for having the debate on outsourcing. Senator Stabenow has done a wonderful job on that. We couldn't have a better Senator to deal with outsourcing than her. Because of what we did in the stimulus bill, the American Recovery Act directed jobs back to Michigan, Detroit, and other places. With what we did with batteries, billions of dollars were saved. Instead of importing batteries, we are making most of them in America.
Governor Romney wanted to just let General Motors and Chrysler go bankrupt. We didn't do that, and as a result, that created almost 200,000 jobs in the automobile industry alone. Outsourcing is important, and it is a debate we are going to have.
Let me remind the Republican leader it wasn't Democrats who threatened to shut down government last year and took most all the time we had. First, it was the debt ceiling, and then after we got through the debt ceiling, then they weren't going to allow us to do anything for getting funding to take us through the end of the fiscal year.
It was the Republican Party last year that threatened to default the debt we have as a country. Now they are holding up tax cuts for 98 percent of the American people in an effort to satisfy this mysterious man I have never met, but he must be a dandy. He has gotten every Republican, with rare exception, to sign a pledge that they are not going to deal with the 98 percent because they have to protect the 2 percent.
We are here dealing with outsourcing because that is what we should be doing.
Reservation of Leadership Time
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.