[Congressional Record (Bound Edition), Volume 159 (2013), Part 1]
[Senate]
[Pages 552-554]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       DYSFUNCTIONAL LEGISLATING

  Mr. WHITEHOUSE. Mr. President, we all know in the Senate and in the 
House of Representatives about the low grades Congress receives in 
public opinion polling. Everybody knows what the public reports: 
Congress is partisan. Congress is divided. Congress is dysfunctional.
  One recent survey that got a lot of media attention reported that 
Congress is less popular than a root canal. Across the country, people 
are fed up with Congress. Indeed, Members of Congress are fed up with 
Congress.
  Americans want a Congress that can take on the tough challenges of 
today. But another recent poll by USA Today and Gallup showed that 77 
percent of Americans feel ``the way politics works in Washington these 
days is causing serious harm to the United States.''
  Americans think Congress has a problem. Indeed, Americans think 
Congress is a problem. Well, if we want to fix a problem, we ought to 
be specific about it. A doctor wouldn't try to fix a patient without a 
precise understanding of the patient's problem. An engineer wouldn't 
try to fix a system without a precise understanding of the system's 
problem. A mechanic wouldn't try to fix your car without a precise 
understanding of your car's problem. So if we are going to fix what is 
wrong with Congress, we better have a precise understanding of what 
Congress' problem is.
  Let's start with the Senate. We do have our share of dysfunction in 
the Senate, I will confess. Undoubtedly, the filibuster is being 
abused. Certainly, nominees awaiting confirmation are unjustifiably 
delayed. Indeed, they are held hostage. So everything is not all roses 
in the Senate.
  But we did pass a highway bill, a bipartisan highway bill, that 
passed the Senate with 74 votes. We did pass a farm bill, a bipartisan 
farm bill. Although I did not support that particular measure, it was a 
bipartisan measure that passed the Senate with 64 votes.
  We passed the Hurricane Sandy emergency relief bill, also in 
bipartisan fashion, with 62 votes. We had open debate, we had 
discussions, we had amendments, and we passed legislation.
  Particularly, we passed, by a powerful bipartisan vote of 89 to 8, a 
bill that avoided tax increases for 99 percent of Americans and 
extended emergency unemployment benefits for another year and protected 
us from the fiscal cliff. When it comes to legislating, the Senate 
actually has a pretty strong bipartisan record.
  How did those Senate bills do on the House side? Well, the House 
couldn't pass its own highway bill. Congress has been doing highway 
bills since the Eisenhower years. This isn't rocket science. The House 
couldn't do one. The best the House of Representatives could do was to 
pass a short-term extension that allowed some of their Members to get 
to conference on the Senate bill, but they took no bill into conference 
because they couldn't pass one. Even then, they delayed the conference 
negotiations, putting thousands of jobs in jeopardy before they finally 
came around and passed an amended version of the Senate bipartisan 
highway bill. So their record on the highway bill is nothing to be 
proud of.
  The House also couldn't pass a farm bill. Farm bills are pretty 
ordinary legislative business too. We do them all the time, but the 
House has passed no farm bill. We passed a strong bipartisan Senate 
farm bill. They can't even agree to call up the bipartisan Senate farm 
bill and pass it. With 80 percent of the agricultural land of the 
country in drought, there is no farm bill. It is trapped in the 
sinkhole of the House.
  The House almost couldn't pass a disaster bill. If you go back to 
Hurricane Katrina, when Katrina hit back in 2005, the House of 
Representatives then had emergency aid on its way to the 850,000 
damaged or destroyed homes of the gulf coast in 11 days. In 11 days aid 
was on its way. This time, with this House of Representatives, the 
House balked at the bipartisan Senate disaster bill and, finally, it 
took them 78 days after the landfall of Hurricane Sandy to send help to 
the half million homes and businesses damaged or destroyed by that 
storm.
  The condemnation of the House of Republicans was bipartisan. The 
Republican Governor of New Jersey blamed, and I quote, ``the toxic 
internal politics,'' the toxic internal politics, of the House 
Republicans for this fiasco. ``This,'' he said, and I will quote again, 
``is why the American people hate Congress.''
  Is there a problem over in the House? You bet there is, to the point 
where one departing House Republican Member compared the Speaker of the 
House to the manager of an asylum and the Speaker's House Republican 
colleagues to the asylum inmates. That is pretty strong criticism from 
within the Republican Party.
  The reason I give this speech is to try to be precise about what the 
problem is that has driven Congress's approval into the cellar, and 
what exactly is that problem? Well, I think the House votes on the so-
called fiscal cliff bill and on the emergency Hurricane Sandy aid 
illustrate what the problem is. Those bills passed the House for one 
reason and one reason only: The Speaker of the House of Representatives 
waived what is called the Hastert rule.
  What is the Hastert rule? The Hastert rule is probably the most 
significant contributor to dysfunction in Washington right now. It is 
not even really a rule, it is a policy, a political policy of 
Republican Speakers. It began under former Republican Speaker Hastert, 
hence its common name as

[[Page 553]]

the Hastert rule. The rule is that the Speaker will bring no bill to 
the floor of the House of Representatives without a majority of his own 
party supporting the bill. It doesn't matter about a majority of 
Congress; Democratic votes don't count. It is only when the Speaker has 
a majority of Republican votes supporting it that the Speaker will 
allow legislation to come to the floor.
  It has actually gotten a little bit harder under Speaker Boehner, who 
has said, I don't feel comfortable scheduling any controversial 
legislation unless I know we have the votes on our side first, which 
sounds like he is saying he has to be able to produce a majority of the 
House out of just the Republican caucus before bringing a bill. But 
whether it is the original Hastert rule requiring a majority of the 
majority before they will even bring a bill to the floor or what 
appears to be the Boehner rule, that they have to have the votes on 
``our side first,'' it is a rule of obstruction.
  There are somewhere between 50 and 60 Members of the House Republican 
tea party caucus and a whole bunch more House Republicans who are 
scared of the tea party and scared of what might happen to them if they 
get a tea party primary challenger. So getting a majority of his party 
together for anything reasonable is a challenge for Speaker Boehner.
  House Republicans could not get a majority of their conference to 
support a highway bill. So the Hastert rule kicked in and there was no 
House highway bill, none--they couldn't do one at all because they 
couldn't get it through their conference under the Hastert rule. That 
is why there was no highway bill.
  The House Republicans could not get a majority of their conference to 
support a farm bill, so under the Hastert rule there is no House farm 
bill. The Speaker won't bring up the stalled bipartisan Senate farm 
bill, because under the Hastert rule he can't get a majority of his 
party to support even the bipartisan Senate farm bill.
  We were headed for the exact same result on the fiscal cliff--we were 
headed for the exact same result on the fiscal cliff. Speaker Boehner 
could not get his party to support protecting America from the fiscal 
cliff. So, with literally minutes left to spare, and with the House 
Republican Conference ready, willing, and about to pitch the country 
off the fiscal cliff, Speaker Boehner did what? He ignored the Hastert 
rule. He ignored the Hastert rule, and he let the fiscal cliff bill 
come to the floor of the House without having the votes on ``our side 
first,'' to use the Speaker's language. Two-thirds of House Republicans 
actually voted to roll America off the fiscal cliff. Here is the vote 
count. Republican ``yes'' votes on the fiscal cliff legislation were 
only 85. Republican ``no'' votes on the fiscal cliff legislation were 
151. He wasn't even close to making the Hastert rule.
  That fiscal cliff bill passed the House 257 to 167 because the 
Democrats came out and voted for it, 172 to 16; 172 Democratic ``yes'' 
votes, 16 Democratic ``no'' votes. Two-thirds of the ``yes'' votes that 
put the fiscal cliff bill across and saved America from a 100-percent 
tax increase and protected our economy from the fiscal cliff--two-
thirds of those votes came from Democrats. If the Speaker had enforced 
the Hastert rule, we would be over the fiscal cliff today.
  What happened on Sandy? After nearly 3 months of stalling, while my 
State, while the Presiding Officer's State of New York, while the 
States of New York and New Jersey, struck by Sandy, were waiting 
urgently for the relief that we got to the coast within 11 days, they 
stalled and they stalled because they could not get a majority of the 
Republican caucus to support Federal relief for our hurricane-ravaged 
States. Under the Hastert rule, they couldn't get that bill to the 
floor. So Speaker Boehner once again decided to forgo the Hastert rule. 
That is how they got the Sandy emergency aid bill passed. Look again at 
the votes. Republican ``yes'' votes for the disaster bill, 49; 
Republican ``no'' votes for that bill, 179. That bill was dead on 
arrival under the Hastert rule. The Republican caucus couldn't support 
it, wouldn't support it, and we would be without any help now if they 
had followed the Hastert rule.
  On the Democratic side, what was the vote on the Hurricane Sandy 
bill--192 ``yes'' votes to 1 ``no'' vote. The final count was 241 ayes, 
180 nays. The bill passed, but about three-quarters of the support came 
from Democratic votes.
  If the Speaker had imposed the Hastert rule, not only would we be off 
the fiscal cliff, but we would have failed at providing disaster relief 
for Hurricane Sandy. The only reason these critical pieces of 
legislation avoided the fate of the highway bill and of the farm bill 
is that the Speaker didn't follow the Hastert rule. He couldn't follow 
the Hastert rule because he wouldn't have been able to pass 
legislation. If his tea party caucus had forced America off the fiscal 
cliff, he knew there would have been hell to pay, so he waived the 
Hastert rule.
  Now, of course, House Republicans are all in a fuss about having 
waived the Hastert rule. One tea party lawmaker admitted that the New 
Year's Day tax vote left a lot of his fellow Republicans with a very 
bad taste in their mouth. So it is probably back to Hastert rule 
business as usual on the House side, with death by tea party to any 
major bipartisan Senate legislation.
  The tea party over on the House side wanted to vote for extreme 
things, such as voting to repeal or defund ObamaCare over 30 times--
over 30 times--or voting to turn Medicare into a voucher program. If it 
is extreme enough, then they will vote for it. But those are actions 
which are not supported by the American people, and they can't pass the 
Senate.
  For the regular business of government, for the regular business of 
passing Senate bipartisan legislation, the tea party-Hastert rule 
combination is deadly.
  So back to where I began. If you are concerned about dysfunction in 
Congress, if you are wondering why we are less popular than a root 
canal, if you are wondering why 77 percent of Americans look at 
Congress and think we are actually doing more harm than good, and if 
you want an explanation of the dysfunction, take a look at the Hastert 
rule. If you look at this problem the way a doctor would look at a 
patient, the way an engineer would look at a system, the way a car 
mechanic would look at an automobile, and you look for what is broken, 
be specific; it is the application by the Speaker of the Hastert rule 
that prevents strong, bipartisan Senate legislation from going forward. 
When something moves, it is because the Hastert rule has been waived.
  So if you want to see what is wrong, that quest takes you straight to 
the House of Representatives, and there it leads you straight to the 
House Republican conference, and there it leads you to that toxic 
combination of the tea party and the Hastert rule.
  When you understand the problem, the cure is obvious: The House 
should ditch the Hastert rule. Call things up for a vote. Let 
everybody's vote count. Don't refuse to proceed unless only your own 
party will let you. It is the obvious and only solution. The fiscal 
cliff bill and the Sandy bill and the votes on those bills prove it.
  With those tea party extremists dominating the House Republican 
conference and ready to pitch the country over the fiscal cliff and 
leave hurricane victims high and dry, the Speaker had to ditch the 
Hastert rule. The only way the House can do bipartisan business on 
major issues is to ditch the Hastert rule.
  As we saw, the Senate has its problems, but we are actually doing OK, 
just as our legislative record shows. Over and over, we pass real, 
significant, bipartisan legislation after a real process on the floor 
of argument and amendment. As the House's legislative record shows, the 
problem is over there. More precisely, the problem is within the House 
Republican conference. Still more precisely, again, the problem is that 
toxic combination of the tea party and the Hastert rule.
  If we want Congress to function effectively, if we want to succeed at 
doing the work of the American people, such

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as the fiscal cliff bill and the hurricane relief bill, and if we don't 
want to see more important legislation, such as highway bills and farm 
bills, fail in the House, unable to pass in the House, blocked in the 
House, the solution for the problem is clear: We have to ditch the 
Hastert rule and let the House as a body work its will, just as the 
American people elected it to do.

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