UNITED STATES SENATE 1500-1600
SENATE FLOOR DEBATE
The Senate convenes a period of morning business, thereafter resuming the motion to proceed to S. 3454, the Department of Defense Authorization bill, with the time until 12:30 p.m. equally divided and controlled between Senators Levin and McCain or their designees. The Senate recesses from 12:30 until 2:15pm to allow for the weekly caucus meetings, thereafter proceeding to a roll call vote on the motion to invoke cloture on the motion to proceed to S. 3454, the Department of Defense Authorization bill.
15:00:48THE PRESIDING OFFICER:on this
15:00:49vote the yeas are 56, the nays are 43. three-fifths of the senators duly chosen and sworn not having voted in the affirmative, the motion is not agreed.
Reid, H. (D-NV):i ask to reconsider --
THE PRESIDING OFFICER:the
15:01:05motion to reconsider is entered.
THE PRESIDING OFFICER:the senator from illinois. mr
Durbin (D-IL):mr. president, for those who have been following this vote, this has been an attempt to proceed to the defense authorization bill. it's one of the most important bills that we consider during the course of a year.
15:01:20senator levin of michigan is chairman of the armed services committee, and he was prepared to bring that vote to the floor. there was an attempt made by the majority leader, senator reid, to allow three amendments to be considered, three amendments which would be considered before other amendments on the bill.
15:01:36one of the amendments relating to the don't ask, don't tell policy, there is a provision already in the bill which allows after review by the joint chiefs of staff, the president, the department of defense, the possibility of removing this provision from our law.
15:01:52that was one of the amendments. the second amendment related to senate procedure on secret holds, but the third amendment and the one i rise to speak to is the one which became the focal point of this last vote. that amendment related to a
15:02:08measure known as the "dream" act. almost ten years ago, i introduced this bill called the "dream" act. the reason i introduced it was because i felt there was a serious injustice and unfairness going on in america. we have within our borders
15:02:27thousands of young people who were brought to the united states by their parents at an early age. i don't know what it was like in their homes, but there weren't many democratic votes when i was
15:02:405 years old as to where we were going to go for vacation. i went where i was told. these children followed their parents to america. they came here and became part of america. we made certain that they had an opportunity for an education and
15:02:55health care. we made certain that they had an environment where they could grow up in this country. and for many of them, it was the only home they ever knew. but because they came to this country with undocumented
15:03:12parents, they were not legal, they were not documented, they couldn't be citizens. that, to me, is a serious injustice. we do not in this country hold the crimes and misdeeds of parents against their children. what i have tried to do with the
15:03:28"dream" act is to give these young people a chance, a chance to earn their way to legal status and become part of the only country they have ever known. the "dream" act isn't easy. the "dream" act says if you came
15:03:43here as a child, if you were raised in the united states, good moral character, no criminal record, you graduate from high school, then we give you six years, and in that six-year period of time, you have a chance to do one of two
15:03:59things to become legal. one, serve the united states of america in the military. number two, complete two years of college education. and then we'll give you a chance to come off temporary status and become legal in america.
15:04:15you have to earn your way all the way through, subject to review, examination, all of the requirements that should be there before someone gets this chance of a lifetime. well, the republican minority leader came to the floor before
15:04:32this vote, and he offered a unanimous consent request which senator reid objected to, but here's what it said. of all the amendments that you could consider on the defense authorization bill, you cannot consider any amendment that
15:04:47relates to immigration. i know what that was about. the senate knew what that was about. it was an attempt by the republican side of the aisle to make certain that the "dream" act could never be called on the defense authorization bill. it made an empty argument on that side that this "dream" act
15:05:05has nothing to do with the defense of the united states. it's an empty argument --
Reid, H. (D-NV):would my friend yield for a question?
Durbin (D-IL):i would be happy to yield.
Reid, H. (D-NV):i say to my friend through the chair, is it not also true that under the terms of the "dream" act, no one
15:05:20becomes a citizen? they get a simple green card, is that true?
Durbin (D-IL):they reach legal status. they have to make application to go beyond that. in this situation, young people, undocumented in the united states who want to volunteer to serve in our military cannot do
15:05:38it. they are willing to risk their lives for america, and we say no. the secretary of defense knows that's wrong. this morning in a conversation that i had with him in my office
15:05:50over the telephone, he reiterated what he had said to me before these are the kind of young people we need in america's military, high school graduates from cultural traditions that respect the military, people who are going
15:06:03to make more diversity in our ranks. that's what we need. he knows from a national defense perspective these will be good recruits for our military and will distinguish themselves, serving our country and coming up through the ranks. that's what the "dream" act
15:06:20offered to the defense authorization bill. the republican leadership and every republican senator said no.
Reid, H. (D-NV):madam president?
THE PRESIDING OFFICER:the majority leader.
Reid, H. (D-NV):would my friend yield for a question?
Durbin (D-IL):i would be happy to yield.
Reid, H. (D-NV):i say through the
15:06:35chair, are you telling the american people that the secretary of defense, the man chosen by the president of the united states, not only this president but the last president, is in favor of our passing the "dream" act? is that what the senator from illinois is saying?
Durbin (D-IL):i would say to the senator from nevada exactly
15:06:50that. the defense department's f.y. 2010-2012 strategic plan for the defense of america specifically includes the "dream" act as a means of meeting the strategic goal and shaping and maintaining a mission-ready, all-volunteer force.
15:07:06in 2007, the deputy under secretary of defense at that time said the "dream" act is very appealing because it would apply to the cream of the crop of students and be good for readiness. over and over again, the department of defense has told us this is an opportunity for
15:07:22the young people to serve our nation, for america to be a safer place. i want to say to my friend, the senator from nevada, i told him this story earlier, this young man came this morning to the united states capitol from the city of new york, i say to the presiding officer. he lives in brooklyn.
15:07:38his name is caesar vargas. caesar vargas came to the united states at the age of 5, brought here by his parents from mexico. graduated from the public
15:07:54schools in new york and then went on to graduate college. now, it was more difficult for him because he is undocumented. he could get no federal aid to education, no pell grants, no student loans. but he made it, he graduated. after 9/11, i would say to the presiding officer he said to us
15:08:11this morning, because of my deep commitment to america, i tried to enlist in the marine corps. i wanted to defend this country after we had been attacked by terrorists. he not only tried the marine corps, he tried other branches, and repeatedly he was turned down because caesar vargas is
15:08:28undocumented. but his dream has not died. now he is a third-year student at the city university of new york law school. he speaks four languages. he said he is studying a fifth, cantonese.
15:08:41he is an exceptionally gifted young man. and do you know what his ambition is? once again, to join the marine corps, to be in the judge advocate general corps, to serve america, a country which he dearly loves. because of this republican decision, procedural decision,
15:08:58to say we couldn't consider the "dream" act, we won't have a chance to vote on this bill at this time, on this important measure which would give caesar vargas and thousands just like him a chance to volunteer to serve america. i would say to my friends and
15:09:14colleagues on both sides of the aisle where is the justice in this decision? at least have the courage to let us bring this matter to the floor and stand up and vote no. but to hide behind this procedural ruse, this unanimous consent request is totally
15:09:29unfair. it is inconsistent with the spirit and the history of this chamber where we deliberate and debate and vote. but they ran and they hid behind this procedural decision.
Reid, H. (D-NV):madam president? would the senator yield just for a brief question?
15:09:46and statement? i want everyone within the sound of my voice to understand how much i appreciate and thousands and thousands of other people appreciate senator durbin's advocacy on this issue, but i also want everyone within the
15:10:01sound of my voice to know we're going to vote on the "dream" act. it's only a question of when. this is so fair. that's all this is about, it's fairness, basic fairness. i -- i have to say to my friend from illinois, i feel so bad, i have got a stack of letters in
15:10:20my office and the most heart-wrenching stories of these dreamers. they are dreamers. but i want them to understand this isn't the end of this. we're going to continue to move
15:10:35on. we know we have been blocked procedurally, but this is the first time that we have had our colleagues on the other side of the aisle stand up and defy basic fairness on the "dream" act. they have gone around telling
15:10:49people, yeah, we like it, we like it, but here was their chance. all we wanted to do was bring it to the floor. they wouldn't even let us do that. they didn't have the courage to allow us to have a vote on this. and i want my friend to know how deeply appreciative i am,
15:11:04speaking for thousands and thousands of other people for what you have done on this issue.
Durbin (D-IL):i thank the senator from nevada, the majority leader. i will tell him and those who are following this debate, some who are in the chamber, in the galleries, i'm sure, are disappointed if not heartbroken
15:11:20at this point. i mentioned caesar vargas who is here, gaby pecheko and so many others who have worked so hard for this chance today. my promise to them is this as long as i can stand behind this desk and grab this microphone
15:11:37and use my power as a united states senator, i will be pushing for this "dream" act. it is my highest priority. it is a matter of simple american justice, and i would hope that 11 republicans who joined us last time will stop cowering in the shadows and come
15:11:52forward and join us in a bipartisan effort and not stop us procedurally from even debating and deliberating this critical issue. for those who are so sad today, take heart. tomorrow is another day, and we will be there to fight for you. many others will join us.
15:12:09and don't give up your dream to be part of this great nation. i yield the floor.
Inouye (D-HI):mr. president?
THE PRESIDING OFFICER:the senator from hawaii.
Inouye (D-HI):just a little step
15:12:28back in history, if i may say so? on december 7, 1941, something terrible happened in hawaii. pearl harbor was bombed by the japanese. three weeks later, the government of the united states declared that all japanese
15:12:47americans, citizens born in the united states of japanese ancestry were to be considered enemy alien.
15:13:00as a result, like those undocumented people, they could not put on the uniform of this land. well, i was 17 at that time, and naturally i resented this because i loved my country and i wanted to put on a uniform to show where my heart stood, but
15:13:21we were denied, so we petitioned the government and a year later, they said okay, if you wish to volunteer, go ahead. well, to make a long story short, the regiment i served in
15:13:34made up of japanese americans had the highest casualties in europe but the most decorated in the history of the united states. and i think your beneficiaries will do the same.
15:13:53THE PRESIDING OFFICER:the senator from michigan.
Levin, C. (D-MI):let me -- i know the senator from hawaii has to leave. i wish every american could have heard from a hero, not of this body, of this nation and of the
15:14:08world. senator inouye did more than swim against the tide in order to put on the uniform of this country. he had to fight his way into the army. he then became a medal of honor winner.
15:14:23highest medal of valor that can be granted was granted, awarded to senator inouye. he gave up more than just a few years of his life. he gave up part of his body for this country.
15:14:38and his eloquence, his passion for proper treatment of people who want to put on the uniform of this nation is extraordinarily powerful, and i only wish that every -- every american could have heard it, and i thank him for that service
15:14:54and for that statement. but i also want to add a thank you to the senator from illinois, and i want to reinforce something that he said by asking him a question. it had to do with that unanimous consent request which he referred to.
15:15:14and the way this request was worded, even if -- well, let me back up. we've heard for two days an objection from republicans that there would be nonrelevant amendments that would be offered which, of course, are permitted
15:15:26under our rules. as a matter of fact, the senator from arizona has on a number of occasions on this bill offered nonrelevant amendments. but even if that "dream" act amendment of yours were modified
15:15:43so that it only related to young men and women who wanted to go
15:15:48into the army to serve their country and the educational part of it, as important as that is, if that were left out, even if the amendment were designed so that it could be referred to the armed services committee because
15:16:03it would be defense related, even if you could design an amendment like that, under this unanimous consent agreement, no amendment related to immigration would be in order during those first amendment.
15:16:20now, is that not singling out immigration, saying, despite all of the protestations we heard here about wanting to make sure that amendments were relevant -- despite the history that that's not required under our rules --
15:16:36but that's the protestations we heard over the last two days. we want relevant amendment, and the "dream" act isn't relevant. under this unanimous consent, even if the "dream" act were modified so that it might be within the jurisdiction of the armed services committee because
15:16:52it would be focused on service in the armed forces, under this amendment, no amendment relating to immigration would be in order during those amendments. is that correct?
Durbin (D-IL):i reply to the senator from michigan through the chair, and i thank him for this question, just as the door
15:17:08was closed on dan inouye of hawaii when, as a japanese-american, he wanted to serve his country, the unanimous consent request from the republican leader closed the door to anyone who wished to
15:17:24serve this country if it involved the issue of immigration. it had one intent -- stop the "dream" act, stop these young people from being given a chance to serve their nation. that is clearly the intent, and, unfortunately, the partisan roll
15:17:39call that followed is evidence that that was the strategy. just as dan inouye prevailed and persisted and not only served his country admirably but with the highest level of valor, i am convinced that many of the young people who leave heartbroken today by this vote will get
15:17:56their chance someday, just as you, did senator, and they will serve this country with distinction and they will lead this nation, as you have led us in the united states senate.
THE PRESIDING OFFICER:the
15:18:11senator from montana.
Baucus, M. (D-MT):madam president, what is the present parliamentary situation?
THE PRESIDING OFFICER:the
15:18:28senate is considering the motion to proceed to s. 3534.
Baucus, M. (D-MT):madam president, i ask to speak as if in morning business and i also ask consent that senator -- the senator from california, senator boxer, be recognized immediately after my remarks and that she be recognized to speak for 15
15:18:44minutes.
THE PRESIDING OFFICER:without objection.
Baucus, M. (D-MT):madam president, today i am introducing a resolution honoring walter bruni, the oldest living man in the world. walter is celebrating his 114th birthday today.
15:19:02he was born in melrose, minnesota, on september 21, 1896, moved to great falls, montana, in 1918 while working for the great northern railway.
15:19:18walter is still a proud resident of great falls and delights fellow residents, staff and visitors at the rainbow senior living home. and despite all the honor and
15:19:32attention bestowed upon him for being the holdest living man in the world, walter is very humble. he has worked hard all his life and advises others to do the same. when i called him last year and wished him happy birthday,
15:19:48that's exactly what he said to me. walter began working for the great northern railway at the age of 16 and gave 50 years of service to the railway. when he retired in 1963, walter didn't stop working.
15:20:05he began a second career, one that would last until he was 99, as the manager and secretary of the great falls shriner's club. community service has been a big part of walter's life,
15:20:21especially when he visits with young people whom he always encourages to give back to their communities. walter is a 33rd degree mason, the most advanced level for that fraternal organization.
15:20:37walter has practiced healthy habits all of his life and those have clearly contributed greatly to his longevity. he has eaten only two meals a
15:20:47day for the last 30 years and says he is most grateful for his good health over those years. these healthy habits have helped walter live his life to the fullest.
15:21:01he enjoys visiting with the many folks that come from all over to hear from him, listen to him, to hear his insights of what it means and what it takes to be the oldest living man in the world. i am proud today to join with folks from around montana and
15:21:18across the world in wishing walter a very happy birthday. he is a great ambassador for our state and i thank him for all his community involvement and service over the years. he truly represents the best of big sky country.
15:21:34i yield the floor.
Boxer (D-CA):madam president?
THE PRESIDING OFFICER:the senator from california.
Boxer (D-CA):114 years old, your constituent? i guess you treat your constituents well, senator baucus. madam president, i rise to
15:21:51express my deep disappointment that we were unable to proceed to the defense authorization bill. i've been here awhile and maybe i'm wrong, i'm searching my memory, and i don't remember any
15:22:07time that we voted against proceeding to a defense bill. and i'm going to go back. certainly in the time i'm here, i don't remember that. it's a filibuster just to go to the defense bill.
15:22:26and it's perplexing to me, because this is some of what's in this bill a defense health program to care for our military personnel and their families, including our wounded warriors. we know that these wars in iraq
15:22:42and afghanistan have taken quite a toll on our military men and women, both in seen injuries and unseen injuries, injuries to the brain.
15:22:54we know that some incredible work is going on. i visited some of the research universities that are finding better ways to treat our wounded warriors. they're finding better ways to treat terrible wounds that result in horrible burns to our
15:23:14brave men and women. and now is the time to put those new and better treatments into place and there's a filibuster and we can't get to the bill. we know there's a military pay raise in this bill for our
15:23:29service members. those voting "no" to proceed to this are stopping that. this bill authorizes tricare coverage for eligible dependents up to age 26. in other words, just as we did in the health reform act, in
15:23:47this bill we're saying, if you're in the military and you have a child, you can put them -- keep them on your coverage until they're 26. it provides $3.4 billion for mine-resistant ambush protected
15:24:02vehicles or mraps, which have proven highly successful in protecting our troops from improvised explosive devices. and it requires companies to certify for all d.o.d. contracts valued over a million dollars that they are not engaged in any
15:24:21sanctionable activity under the iran sanctions act of 1996. so we would make sure that the d.o.d., department of defense, is not involved in giving
15:24:33contracts to companies who are trading with iran, and this is so important as we seek to sanction iran for her reckless activity in moving toward a nuclear weapon. well, in that bill that the
15:24:49republicans blocked also is a -- is a repeal of the military's don't ask, don't tell. and the way it's written in the bill that says we repeal it but it won't be actually repealed until there's a certification from the department of defense
15:25:06that it won't have an adverse consequence on our troops. some said, oh, this is just ignoring the department of defense, ignoring the secretary of defense. not at all. the way senator levin, chairman levin put it together, it
15:25:23definitely had a check on it, so i don't understand a lot of my colleagues on the other side claiming that it was just a quick repeal with no -- with no check and balance from the
15:25:39secretary of defense. i would say again, it was clear in there -- and i'll read the
15:25:47exact words -- that there must be, as we repeal don't ask, don't tell, a certification from the president, the secretary of defense and the chairman of the joint chiefs of staff that there will be no significant impact on -- and i quote -- "military
15:26:03readiness, military effectiveness, unit cohesion, and recruiting and retention of the armed forces." you know, i think it's important to note what countries allow
15:26:17gays and lesbians to serve. how about 22 of our allies who are -- who are fighting with our fighting men and women? afghanistan -- fighting men and women in afghanistan? australia, britain, netherlands, slovenia, austria, canada,
15:26:35estonia, lithuania, new zealand, spain, belgium, the czech republic, finland, ireland, luxembourg, norway, and sweden. in addition, israel and south africa also do not discriminate against gays and lesbians. so i don't know who we wind up
15:26:50with but it looks to me like the only countries i can find that still discriminate against gays and lesbians in the service are iran, pakistan, cuba, north korea, and turkey.
15:27:06and so for us to stand with iran, for us to stand with cuba, for to us stand with north korea, pakistan and turkey over australia, britain, denmark, france, italy, netter lands,
15:27:23switzerland, austria, canada, germany, et cetera, it just doesn't make sense. and the point is, because we're part of this coalition of 22 other nations, our fighting men and women are already fighting side-by-side with those who may
15:27:38well be gays and lesbians. a majority of americans think it is the right thing to do to allow our qualified young men and women to serve, regardless of their sexual orientation.
15:27:57according to a cnn poll conducted in may, 78% of americans said they support allowing gays and lesbians to serve openly in the military. 78% of americans. and we would be standing with
15:28:11them and we would be standing with our allies. so don't ask, don't tell is hurting our military. it's costing our nation. 14,000 servicemen and women have been discharged from the military under don't ask, don't tell.
15:28:26it has cost taxpayers about $290 million at least, maybe up to half a billion dollars to replace soldiers who were discharged under this policy. and i know many americans have seen in their living rooms
15:28:46coming on the tv men and women who are our neighbors' kids and our neighbors who have been kicked out of the military even though they were stellar -- stellar -- servicemen and women.
15:28:59so it's really most unfortunate that our friends on the other side were mischaracterizing what this was because it was already in the bill and we allowed them to offer an amendment to strip
15:29:16that language and they said, oh, well, if we pass this, then the military would be caught off guard. not at all. the way it was written there, would have to be a certification -- the way it was written, there would have to be a certification
15:29:31that it would not be harmful to our military. and i'm also terribly disappointed we won't have a chance to vote on the "dream" act. the "dream" act allows those students who have been here most of their lives an opportunity to earn legalized status if they met certain criteria.
15:29:48these are kids who were brought over as kids maybe or month or two or a year or two or five or six years old. they must have lived in the u.s. for five years. they must earn a high school diploma. after high school, they must
15:30:02complete two years of college or serve in the armed forces for two years. now, they must demonstrate strong moral character. and only those that past these tests would be eligible to get on the pathway to legality.
15:30:2265,000 young people a year graduate from high school but they can't join the military or they can't go to college because of their immigrant status. and this wasn't their fault that they were brought into the
15:30:35country by their parents, and i would like to tell you that our military has said -- and i will quote retired army lieutenant colonel margaret stock.
15:30:46she says, "potential "dream" act beneficiaries are likely to be a military recruiter's dream candidate for enlistment." let me repeat that. the military itself has said, the "dream" act will result in a military recruiter's
15:31:03dream. because these recruits, some of them, are very good with foreign language skills, foreign cultural awareness, they're in short supply, and they would be excellent recruits.
15:31:20businesses support the "dream" act. our economic future is something we talk about every day around here. i just read a u.s.c. study that said, if we finally begin a process where people who are here who are hard-working and
15:31:36caring can stay here and come out of the shadows, it will create 25,000 jobs and increase the gross domestic product of my state and of the nation. so it seems to me that's why i have the san jose mercury news
15:31:51home, home paper of the silicon valley, writing an article in favorite dream act saying it will boost america's economic competitiveness. so here we've a time where we have something on the floor that is dramatically related to the
15:32:06military bill, because the military is saying it is a recruiter's dream, this "dream" act, because they're going to have so many people lining up to join; we have silicon valley strongly supporting this; and i will tell you that the "san jose
15:32:25mercury news" said -- quote -- "the high school dropout rate in this country terrifies business leaders who fear that in coming decades we won't produce enough college graduates with math and science ability." that's why the silicon valley leadership group supports the
15:32:40dream act. that's a group made up of republicans, democrats, and independents. they wrote ""dream" students deserve a chance and the u.s. economy needs their knowledge and their afnlts" companies like microsoft also support the "dream" act and they wrote ring
15:32:57"the "dream" act rewards those place high value on education and service to country." last week the president of the university of california, the chancellor of the california state university system, and the presidents of state universities in arizona, washington,
15:33:15minnesota, utah, and washington wrote in support of the "dream" ability. they write in a letter, "in the current international economic competition, the u.s. needs all the talent it can acquire and these students represent an extraordinary resource for the
15:33:31country. the "dream" act," they wrierkts "is an economic imperative. and in closing, i want to talk about a couple of stories. and i think this is very important. david graduated from high school
15:33:47with a 3.9 grade point average. he is studying international economics and korean at ucla. he has served as the leader of the ucla marching bangdz. he spends his free time tutoring students.
15:34:03after graduation he hopes to enter the air force and someday politics n many ways he is a model college student and leader in his community. but he was born in korea. he came here when he was nine. his family spent eight years trying to navigate their way to legalized status only to find
15:34:21out that their sponsor had erred in filling out the paper wnch so here sits david. he had nothing to do with all of this. and here's what he says. "i will not be able to put my name down on a job application because of my status. this country is throwing away
15:34:37talent every second, he says, but the "dream" act can bring thousands of students out of the shadows and allow them to the opportunity to work for the country they truly love right now." so, i would say this these students, like david, they
15:34:54didn't choose to dhom country. they were brought here by their parents. the reality is they've grown up here. this is the only country this they know. and -- that they know. and i'm very disappointed that we're not voting on this important bill today. i hope we can take up the dream act later this yiernldz it will
15:35:13driewl strengthen our comirks our military and our nation. the very last point i want to make as we wind up this congress i am so pleased that we passed the small business jobs act last week.
15:35:28i traveled across california. i have met with so many small businesses, and i did a conference call with about 10 of those businesses, including the los angeles baking company, the blue bottle coffee company in
15:35:45oakland, biofuels, u.s. hybrid in forence, beach cafe in santa monicaes and the santa barbara adventure company. these are small businesses in my
15:35:58state that are really very strong. they couldn't get access to credit to expand and hire. as a result of the work we did, they will be able to get that credit. and i want to thank the two republicans who crossed over to vote with us.
15:36:13it shows us that we can make progress when we work together because this has to come ahead of politics. i went to a company called renova. renova is really helping to make
15:36:29california the hub of the clean energy economy. and vincent patagli anchts the owner there, told me that he's been getting no help accessing the credit he needs and he called our legislation the missing piece, the piece that he's been waiting for.
15:36:46small businesses create 64% of our new jobs and that's's what what happened over the last 15 years. and i believe this bill will help get them back on track as they get back on track, our recovery will begin to have a
15:37:02little more energy behind it, because it is very slow. it is agonizingly slow. and i wanted to just state on the record how much i appreciate the two republicans --
THE PRESIDING OFFICER:the senator's time has expired.
15:37:17Boxer (D-CA):i thank you so much and i yield the floor.
Alexander, L. (R-TN):mr. president?
THE PRESIDING OFFICER:the senator from tennessee.
Alexander, L. (R-TN):madam president, i ask unanimous consent that the senators from new hampshire and arizona and kansas and i be permitted to engage in a colloquy for a half-hour.
THE PRESIDING OFFICER:without objection.
Alexander, L. (R-TN):thank you,
15:37:32madam president. december 3, 1996, senator robert c. byrd, the late-senator byrd, who most of us think is -- understood this body better than any senator had its history, told the newly arriving united states senators the following.
15:37:49"good afternoon, welcome to the united states senate chamber. you are presently occupying what i consider to be hallowed ground." senator byrd went on to say, "as long at senate retains the power to amend and the power of unlimited debate, the liberties of the people will remain
15:38:05secure." and in his last testimony before the senate rules committee, before he died, this was in may of this year, senator byrd said, "our founding fathers intended the senate to be a continuing body that allows for open and unlimited debate and the
15:38:20protection of minority rights." and if a i may add to that the last paragraph of a letter which i ask unanimous consent to include in the record from senator coburn --
THE PRESIDING OFFICER:without objection.
Alexander, L. (R-TN):thank you very much. senator coburn writes, "too many americans are upset, even angry,
15:38:37their voices are not being heard in washington. the majority's abusive practice of suppressing debate undermines the senate's debate traditions." now, madam president, we're here today -- we could start out by complaining that the majority
15:38:54leader has cut off debate, cut off amendments at a record level. and i have submitted evidence of that. but i think that would look to the american people like kindergarteners in a sandbox. because it is not the voice of
15:39:11the senator from new hampshire or tennessee or arizona or kansas that's so important. it is the voices of the people who we're elected to represent. when 39 times in the last two congresses the majority leader,
15:39:27through procedural tactics, says "no" to amendments and "no" to debate, he is causing the senate to deteriorate to a shadow of its former self, the kind of senate that senator byrd thought was important and the kind of
15:39:43senate that we want -- in which we need to to serve. i mean, our goal is to represent the voices of the american people, to let their feelings, our angers, their hopes all be represented here. that means we have to have a chance to offer an amendment
15:39:58have, to have a chance to debate, and what that means to us is that if we're successful in this election year, we're going to make sure that in the new congress, we have that opportunity, that these voices that we hear across america are heard on the floor of the united
15:40:14states senate and the defense authorization bill, which is being debated today, is a perfect example of why i say the senate is deteriorating to a shadow of its former self by closing off the voices of american people by denying their elected senators an opportunity
15:40:31to have a full debate on the issues facing them.
Gregg (R-NH):will the senator yield on that point?
Alexander, L. (R-TN):sure.
Gregg (R-NH):think the senator really has addressed a core
15:40:42issue of constitutional governance. when the founding fathers got together in philadelphia and created this extraordinary nation called america and built a constitution upon which we were based and upon which we govern, was it not their intent
15:40:56to create the senate as a body different from the house of representatives? now, we understand the house of representatives, amendments aren't allowed if the speaker doesn't want them. it is an auto crasscy over there. we know that. but wasn't it the intention of the founding fathers, as the senator has pointed out, to give
15:41:13the american people, a chance through their senators, a chance to amend complex legislation. has that not always been the tradition since the founding of our nation? he said, the senator into which the hot coffee is poured.
15:41:32the house boils the who have coffee. he pass it out amendments, often without debate it comes over here and the american people get to hear a little bit more subtlely about the issue and specifically they get to amend it.
15:41:44and address the issue. and i know the senator from arizona is here and maybe he'll be able to tills -- i'm sure he will -- how many times we've had a bill as big as the defense authorization bill on the floor which is spending $700 billion, and not had a chance to amend it.
15:42:01but wasn't that the purpose of the founding fathers, to make the senate the place where there was debate and discussion and amendment and hasn't that been basically cut off by the majority leader and the majority party's attitude that they don't want to take tough votes?
Alexander, L. (R-TN):the senator from arizona was here when the
15:42:19senate functioned the way the senate was supposed to function.
MCCAIN: (R-AZ):let me make a couple of comments. one of the things that's disappeared that i saw? the first years i was here in the senate is the two leaders
15:42:33sitting down and perhaps coming to informal agreements that are put into unanimous consent agre. one of the rngs why we've these
15:42:52-- the majority coments hoarnlings as i have h. i believe he has 40 times, brings up the bill and then immediately -- quote -- "fills up the tree" and to the uninitiated, obviously that means there will be no other amendments allowed. through that kind of
15:43:10parliamentary procedure. and a lot of times that's bred by members saying, hey, there's going ton to be an amendment up that i don't wapts want to vote on. i just don't want to vote on it so fill up the tree, have no other amendments allowed to be
15:43:25voted on. well, it just seems to me, we should have the courages to go ahead and vote. and time after time when i have seen the -- quote -- "-- basically a l. us us shut out from amendments, i will disagree
15:43:42a time agreement. i'm not going to filibuster it. just give us 15 minutes either side and vote on t but they don't want to take tough votes. and i am not going to call it "cowardess" but i can call it "courage."
15:43:58people will prevail to say, hey, let's fill up the tree so we can get it done and we won't have to take a tough vote on whatever the issue that seems to be attracting the attention of the american people. you know, i would just say to my colleague from new hampshire who
15:44:17will not be with us next january, i hope he'll give us --
Gregg (R-NH):i just won't physically.
MCCAIN: (R-AZ):hope to not in any way indicate that there's any physical ailment.
15:44:38that he will not be a member of the senate next january, that he could provide us the benefit 6 his experience in both house and senate but also maybe he would
15:44:53give us, when at some point, his view of what we need to do to fix this gridlock we have over the economy.
15:45:03and he's done it on numerous owe education -- numerous occasions but it comes to my mind that perhaps the senator from new hampshire sometime would take an hour on the floor and say, look, here's what i think we need to do. i think it would be very valuable, because i don't think
15:45:20there's anybody here in the senate today that has a better grasp for the budgetary issues that we have to grapple with as america faces a n unprecedented situation of debt and deficit.
15:45:40perhaps then after this election it may be possible for us to sit down and be included in the agenda of the senate. that's one of the things i think has been a very big change. it used to be at least the
15:45:53majority leader would come over, whichever side was in the majority, and say, okay, here's our agenda. what's your agenda? what p's your input? what do you want to see happen? most of the times nowadays we
15:46:08hear what's going to happen either through reading it through the media or when the majority leader comes to the floor and says here's what we're going to take up next. it does not lead for comity, c-o-m-i-t-y.
15:46:27Gregg (R-NH):those are kind words coming from a senator who is of huge stature. i hope to make some comments on that. i would say it won't take me an hour, because the answer is simple: stop spending. that's pretty much the bottom line when you filter off all the other issues.
15:46:43but the senator's point, the senator from tennessee and the senator from arizona's points on the issue of shutting down the amendment process here, as i think is critical to us getting a better governance as anything. you can't have good governance if you don't have discussion and different ideas brought forward.
15:47:01yet we're not allowed to do that any longer because the majority leader says we're not going to allow additional amendments or additional discussion sk ugss. onon the budgeting issue, i thik one of the reasons we haven't
15:47:17done a budget this year is because the other side of the aisle knows if they bring the budget to the floor, they cannot shut down amendments. amendments have to be allowed. under the rules, you have to be able to amend the budget resolution. i don't think they want to do that. they couldn't fill the tree on a
15:47:34budget. as a practical matter, this attempt to foreclose debate on core issues of public policy, such as a defense issue, such as spending by shutting the floor down through filling the tree is really undermining not only the
15:47:49senate and its role but the whole constitutional process and the right of the people to be heard.
MCCAIN: (R-AZ):doesn't it send a message to the american people who are having their budget squeezed but are having to make the most difficult decisions about their budget, that this body will function and continue
15:48:09to appropriate money for our functions without -- without a budget of our own? what kind of a signal does that send to the american people? doesn't that contribute to the disconnect and the frustration that americans feel, and given
15:48:24rise to the tea parties?
Gregg (R-NH):it gives rise to the question why isn't the
15:48:39majority party governing? if they're not governing, what are they getting their paychecks for. they're not willing to do any of that.
MCCAIN: (R-AZ):one of the first decision every family in america has to make as they sit around the kitchen table is what's the
15:48:53budget? what are they going to be able to spend. we will be going out of session sometime here before the elections without even a cursory effort at a budget.
Alexander, L. (R-TN):the senator from kansas is here. he served with distinction not only in the senate, but in the
15:49:09house of representatives. senator roberts, i want to go back to the point that senator byrd made. he said in his address to new senators that as long as the senate retains the power to amend and unlimited debate, the
15:49:25liberties of the people will remain secure. what we're talking about here is not the importance so much as the senator from kansas' voice or the senator from new hampshire's voice, but the voices of the american people and their being suppressed. you've seen this congress for a
15:49:40long time. what do we need to do to take the senate back to the senate that it should be?
Roberts (R-KS):i would just quote, if i might -- and i appreciate the senator from tennessee certainly bringing up the statements by our revered
15:49:58senator, senator byrd. i remember when i first came to the senate, he had a, for lack of a better word, a lecture, maybe a sermon about the comity of the senate and why the senate was much different than the house.
15:50:11a standard example is that the house is where you pour a hot cup of coffee and it cools off and the senate when you put the coffee in the saucer. and that's what you're supposed to do to protect the minority. here's what he said. you were there, i was there, i think it was one of his last
15:50:27speeches before a committee, before we lost, bob. at any rate he said -- and his knowledge of and love for this body was unmatched.
15:50:36he actually wrote the history of the senate. i mean, who can do that? which he did. he said he opposed cloture by a simple majority because -- quote -- "it would immediately destroy the uniqueness of this institution. the senate is the only place in government where the rights of a
15:50:52numerical minority are so protected. a minority can be right and minority views can certainly improve legislation." obviously, if we go down another road -- and we have. i just heard the majority leader
15:51:08indicate that this side of the aisle is guilty of obstructionism. well, i guess it's in the eyes of the beholder. while i'm at it, i might remind my friend from arizona, but he's left the floor temporarily, that
15:51:24the bumper sticker for the distinguished state of new hampshire is "live free or die." i hope that we live free, and i would hope that the distinguished senator from new hampshire would not take that literally. you know, given the comments by the senator from arizona.
15:51:41i came to this -- i came to the congress, i came to public service in 1980 with my dear friend from new hampshire. other than some rather obstreperous inks dents in
15:51:57regards to -- incidents in regards to basketball, we enjoyed a very good relationship. but there isn't anybody here in the senate, or for that matter the house, but especially in the senate that, understands the budget process and how minority rights should be protected and
15:52:12how we should proceed other than judd gregg. he has just done an outstanding job, and i know once he leaves the senate he's going to be called upon to help us get out of this tremendous debt problem and to face the entitlements
15:52:30square on. facts are stubborn things, and i'm not trying to put these facts on any individual. as the distinguished senator from tennessee has pointed out, what this really is about is the consent of the governed.
15:52:46that's what madison was really interested in when he really protected that and wrote about it in the constitution. you want a strong executive and you want certainly a house and a senate to be responsive. but, it is to protect the consent of the governed.
15:53:03and the governed, as everybody knows today, is extremely upset, and it's because their voice is not heard. why is their voice not heard? well, in the 110th congress in the house of representatives, only 1% of the bills were brought to the floor with open
15:53:19amendment rules. 1%. 99% of the bills that reach the senate from the house had little or no input from the minority. as of march of 2010, the house was on track to shatter its record for closed amendment rules in the 111th congress.
15:53:35well, that's the house, and i spent 16 years in the house, and i can remember very well one particular incident where there was a real controversy over a seat in indiana. the secretary of state of indiana declared the winner. it came back to the house
15:53:50administration committee, went back out to indiana, recounted. when the democrat went ahead, they called it closed and that was it. we walked out, and we said the comity of the house had been destroyed. we're close. we're close here in the senate. the trends in the senate in the 110th congress cloture was
15:54:08filed 133 times, 98 which were filed the moment the question was raised on the floor. if that isn't obstructionism, i don't know what is. over the last 22 years, the senate majority leader has filled the tree roughly three times for congress on average. three.
15:54:23however, from january 2007 to april of 2010, the majority leader filled the tree 26 times. that's a 300% increase in filling the tree for the 110th and 111th congress. these numbers do not reflect
15:54:40additional times this has taken place in the five months since the numbers were submitted to the rules committee, including today with d.o.d. authorization. so from the 103rd through the 109th congress rule 14 to bypass committee was used on
15:54:55average 24 times in congress. this was shattered in the 110th congress when it was used 57 times. i just want to go over these facts sthoe in regards to the definition -- to show in regards to the definition of obstructionism, it goes both
15:55:11ways. that's the rest of the story, if you please. a little bit later, if the distinguished senator from tennessee has time, i would like to go over this sense of the senate resolution or legislation to be introduced by the, i think
15:55:28it's the junior senator from new mexico declaring the rules of the senate unconstitutional in order to rewrite the rules to
15:55:36favor a simple majority to pass legislation. i would like to have a discussion with him at a future time, and i know the distinguished senator from utah has something to say as well.
Alexander, L. (R-TN):the senator from utah has had a distinguished career in the united states senate.
15:55:49his father did before. he has an unusual perspective of this body. and i wonder what his reflections might be upon senator byrd's thought about the importance of allowing senators to reflect the voices of people in the country.
15:56:07and when those voices are cut off in the senate, they're cut off at home.
Bennett, R. (R-UT):madam president, i thank the senator from tennessee for his reference to my service, but i use as my example for why i'm here to join this colloquy not my long
15:56:25service, because it hasn't been all that long by the terms of the senate, but my experience today. and i think what we experience today here on the floor is a demonstration of what happens. i happen to be one, perhaps a minority on my side of the
15:56:42aisle -- i haven't taken a whip check -- who is in favor of the "dream" act. i want to be one who will vote for the "dream" act. the senator from tennessee talks about the people and their concern. while i was back in utah over the weekend, i had a
15:56:59demonstration of very earnest young people show up in front of the federal building to ask me to please vote for the "dream" act. and they had compelling stories, and i was identifying with what
15:57:15they had to say. but i had to say to them, i won't get an opportunity to vote for the "dream" act. oh, yes, they said, you'll have a vote on tuesday on the "dream" act. no, the vote on tuesday is not on the "dream" act. the vote on tuesday is on the
15:57:32motion to proceed to the defense authorization bill that has been loaded down with amendments that prevents us from having an up-or-down vote on the "dream" act itself. i said, well the dream act would
15:57:48be one of those amendments. the "dream" act would be add to it. yes, the "dream" act will be added to it, but will i have an opportunity to vote on an amendment to strip out the other stuff that i don't like? no, i won't have the opportunity to do that.
15:58:02so this was the dilemma that i explained to these young people. some of them looked too young to vote, but i'm sure they are old enough to vote. it's just that everybody looks a lot younger to me now than they used to. i said here's the dilemma that i have by virtue of what the
15:58:19majority leader has done, he's created a parliamentary situation where in order to vote as you want me to vote, as you express your voice, i have to vote opposite to what a large
15:58:34number of my other constituents want me to vote. i have to vote in favor of federal funding for abortions in military hospitals. some of you say it will be private funding.
15:58:50yes, but it will take place in a military hospital and supported by federal funding. i have never voted for federal funding in any form for abortions. now in order to support the "dream" act by the way the tree has been filled, by the way this thing has been put together, i
15:59:06will have no choice. if i vote the way you want me to vote, i will offend a vast majority of my other constituents who don't want me to vote that way on the question of abortions in military hospitals. if i vote to proceed, i will be voting to act precipitously, in
15:59:23my view, with respect to the policy of don't ask, don't tell, which senator -- which president clinton signed into law at the beginning of my service here in the senate. i'm perfectly willing to vote to repeal don't ask, don't tell if
15:59:38the military services complete their survey that tells us that that's right and proper for military performance. but the majority wants to make that decision before they get the information from the military.
15:59:53so, i have to cast a vote that i think is the wrong vote for the military in order to vote for the "dream" act. well, they looked at me as if i were crazy. certainly you can separate these things and vote on each one on its own individual merits.