Energy
Mr. President, we are debating an important piece of legislation. The American people are rightly frustrated with the process Congress uses to consider. That is to say, it is not done in the light of day and with full transparency. They…
Mr. President, we are debating an important piece of legislation. The American people are rightly frustrated with the process Congress uses to consider. That is to say, it is not done in the light of day and with full transparency. They believe lobbyists have too much influence on this institution. Last year, we tried to pass a lobbying reform bill to help clean up some of the ways that we do legislation around here. We were not able to come to an agreement between the House and Senate, so there is another effort underway this year.
I think this legislation is very important. Republicans support reform. We have been offering relative amendments to make Congress more accountable to the American people. More transparent. These amendments will address the problems that have existed for some time. The majority, however, is trying to end the debate on this bill. They are not willing to let the Senate consider some very important amendments that will improve how Congress handles the people's business. I will mention a couple of my own amendments to this legislation in just a moment. I would say that the majority would be right to cut off debate, if Republicans were strictly trying to obstruct passage of this bill. Then their parliamentary move would, I agree, be appropriate. But the minority is not being obstructionist. We have legitimate amendments that deserve to be debated and voted on. Senators deserve to be heard. It is not right for the majority to try to railroad this piece of legislation through this body without giving Members their right to have amendments debated. Particularly when those amendments are not being used as a delaying tactic. I simply do not believe that is the way this institution should be run. That is why, last night, 45 Senators voted against what is called cloture. That would have brought debate to a close and would have brought any attempt to improve this legislation to a close.
Let me give you two examples of legitimate amendments that have been offered and why they are important to be debated and voted on.
The first amendment I want to talk about addresses provisions where this bill falls short, particularly with respect to transparency and to allow the American people to observe how this Congress operates. Section 102 of this bill is an example of where the bill falls short. I commend the authors of the legislation for including this section. The intent is to stop the conferees from putting unrelated pieces of legislation in a conference report. Too often in the past conferees have inserted provisions in the conference that were completely unrelated to the bill. This simply is not the way the Congress should be legislating. The Senate should not bypass the regular legislative process. When we do, it means we are passing legislation, in some cases, without even holding a hearing. This process also denies Senators the opportunity to debate and offer amendments to improve unrelated provisions. But the most offensive part of this is that it is done outside of the public's view.
In a democracy such as ours, Congress should do its business in the full light of day. The entire Senate should consider, debate, and amend legislation in full view of the American public. I often hear from constituents who have concerns about legislation we are debating on the Senate floor. That feedback has always been important to me. I have always appreciated Nevadans who have taken the time to participate in the legislative process. So when we insert unrelated matters into a conference report, we deny the American people the chance to observe what we are doing, to participate in that process, and to be heard. That is why I fully support the intent of section 102 of the bill because the intent is to fix that which is broken.
In my review of this section, and after consulting with the Senate Parliamentarian's Office, I don't believe that the current language in this bill will work. This section will not change what we are saying needs to be changed. What do I mean? First and foremost, section 102 states that a Senator may object to a conference report that contains provisions that were not considered by the House or the Senate. That sounds good. As written, this sentence reads how rule XXVIII actually operates; that is to say that the point of order is raised against the entire conference report and not the offending provision or objectionable item in a conference report.
While the intent of section 102 is to allow a Senator to object to a single provision that is added into the bill, the bill is not written to allow that. My amendment makes it clear that the point of order is to be raised against an individual item that is in the conference report and not the conference report itself. In other words, this small, simple change is absolutely critical to the process because if you want to strip something out of the bill, without my amendment you cannot strip a single provision out of the bill. You raise a point of order and it brings the entire conference report down. Why is that important? Well, let me tell you why it is important.
For instance, we had a port security bill last year. There was an unrelated item put into the port security bill. There may have been objections to that item, but if one had raised the point of order, it would have brought the whole port security bill down. Nobody wanted to do that. It was an important piece of legislation. Without my amendment, that is the way we would continue to operate.
But that is not what section 102 in this bill states. Its intent is to be able to surgically go in and cut out a piece that is added in the dead of night, behind closed doors, in a conference report--the types of things that, frankly, most Americans find objectionable. So this is one of the reasons that we should not be passing this legislation until the Senate has carefully considered each provision of this bill. We should allow for amendments to go forward, to be debated. We should make sure that we get things in this bill right before it leaves the Senate, so that when it is joined with the House's bill, we have done the best possible job to ensure that we cleaned up the way we do our business.
I have another amendment that I want to talk about. This illustrates the other important point of why it is important to allow Senators to have their time with amendments.
The minority--the Republicans in the Senate--want legitimate amendments to improve this legislation. I believe we should have the right to offer those amendments.
The second amendment I want to talk about is to ensure that our men and women in the military, those serving in harm's way, remain our top budget priority. I want to speak about protecting defense spending from being raided and used for nondefense purposes.
Over the past several years, there have been several congressional scandals that have undermined public confidence in government. It is my sincere hope that this legislation before us will be the first of many steps to restore that confidence. The message to both parties last November was that Congress has to change the way we operate. The American people will no longer accept some of the practices of the past, nor should they. It is up to this body to change our practices, to reform how Congress does the people's business. We should ensure that our dealings are transparent, that we are accountable, and that we are honest with the American people.
The tradition of America is that we rise to the occasion. Americans have a history of meeting the challenges that we face together. Each generation has met obstacles and overcome them. For Congress's part, we must be honest and straightforward with the American people about the nature of the challenges facing our Nation.
Unfortunately, in some respects, Congress has not lived up to its end of the bargain. We have been using sleight of hand and budget gimmicks to mask our out-of-control spending habits. Over the past 5 years, Congress has been underfunding defense in the regular appropriations process in order to shift some of those funds into what are called other discretionary programs that are nondefense items.
The game being played, with a wink and a nod, is that if we underfund defense in the regular appropriations process, we will then make defense whole with what are called emergency supplemental bills. In some instances, Congress has shifted as much as $11.5 billion from defense to nondefense spending in just 1 single year. We know that emergency spending has increased substantially in each of the last 5 years.
I have a chart to illustrate this. In the years 1990 to 1993, under the first President Bush, we had a total of $115 billion in emergency supplementals. During the Clinton administration, the total was just about the same, $115 billion. Since President Bush has been in office, there have been a total of $585 billion in emergency supplementals. Now, we have had 9/11, Katrina, and we have had the war against Islamic extremists around the world, including the wars in Afghanistan and Iraq, that account for most of that spending but not for all of it.
This increased reliance on supplementals coincides exactly with the same time period in which defense has been underfunded. The effects of this gimmick are not felt just in 1 year either. Because of the way we do budgeting, called baseline budgeting, money that is shifted from defense in 1 year is really a permanent shift in funding. And, as a result, a $1 billion shift represents not only a shift of $1 billion this year, but that is put in the baseline next year and adds up cumulatively in perpetuity.
Let me point out exactly how this works and illustrate it. In 2002, $1.9 billion in new spending was shifted from the Department of Defense. That new spending is built into the baseline in the next year. The green part of the graph is from the previous year. The red part on top of that is the amount that defense was underfunded and shifted into other programs that year. Take that and shift it into the next year, and on and on, where we have a total of 4 years later built into the baseline the $29 billion that we have shifted from defense into other programs. That is one of the reasons spending is out of control in Washington, DC. What was labeled as defense spending is not spent on defense and is then being made up in supplemental appropriations bills. Which is a clever way to disguise increased spending in other places. People in Washington have talked about spending around here. They say we have held the line on spending, except for defense-related items. That is not true. We have actually been playing a smoke and mirrors game, and this chart illustrates that.
I believe what we are doing is not honest with the American people, and we have the annual budget deficits as a result of that. I mentioned before that it is important for us to be able to offer amendments. I would not be able to offer an amendment if cloture is invoked on this bill, and we should not cut off debate. This would be considered a nongermane amendment. It would not survive cloture, even though the point of this bill is to require legislative transparency. We are trying to make Congress' actions transparent and to clean up the budget process, however, the majority is trying to cut off debate on these critical reforms.
I am going to have one last chart to demonstrate the effect of this budget gimmick. The total effect of underfunding defense and playing this game has cost the American people. This last chart, when one totals the cost of this gimmick up, is $84 billion. We have shifted $84 billion by using these budget gimmicks. $84 billion that was shifted from defense to nondefense programs. Then we backfill the defense accounts with supplemental appropriations.
We need to have honest budgeting around this place. We need to be honest with the American people. If we are going to appropriate money for defense, let's do it for defense. If it has to be for some other program, let's be honest with the American people and stop playing these budget gimmick games.
If we are going to have transparency in Government, we should have transparency in Government. Accountability in government. That is what this bill is supposed to be about. It is what we are telling the American people that we intend to do. This amendment, along with the one I discussed earlier, are very important to ensure that we end the games and that we end the gimmicks. This amendment ensures that we tell the truth to the American people.
Mr. President, I yield the floor.