[Congressional Record (Bound Edition), Volume 159 (2013), Part 10]
[House]
[Page 15162]
[From the U.S. Government Publishing Office, www.gpo.gov]




                  STOP DEPARTMENT OF DEFENSE FURLOUGHS

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Alabama (Mr. Brooks) for 5 minutes.
  Mr. BROOKS of Alabama. Mr. Speaker, according to the Department of 
Defense, ``of the Department's 800,000 civilian workers, about half 
will be furloughed.'' That means President Obama, our Commander in 
Chief, in his sole discretion, publicly declared that roughly 400,000 
DOD civilian employees are not ``essential'' to America's national 
security.
  Mr. Speaker, President Obama's furloughing 400,000 civilian Defense 
workers violates the law while putting national security at greater 
risk.
  Let me explain. If any one of three circumstances exist, then 
America's Defense workers should not be furloughed.
  The first circumstance is if Congress passes a Defense appropriations 
bill, then the military is funded and the President has no legal basis 
for using the shutdown as an excuse for furloughing Defense workers.
  Unfortunately, this first circumstance does not exist. While the 
House of Representatives, 4 months ago, passed the National Defense 
Authorization Act on a 315-108 bipartisan vote that included 103 
Democrats, and while the House, almost 3 months ago, passed the Defense 
appropriations bill on a 315-109 bipartisan vote that included 95 
Democrats, President Obama, Democrat Senate Majority Leader Harry Reid, 
and their allies refused to allow the Senate to vote on either bill 
that would both fully restore Defense funding lost because of 
sequestration and fully fund America's national security.
  The second circumstance exists if President Obama declares workers 
``essential.'' While I disagree and question why any Commander in 
Chief, in his sole discretion, would slight 400,000 Defense workers by 
declaring them superfluous to America's national security, President 
Obama did just that. Hence, the second circumstance does not prevent 
furloughs of civilian Defense workers during this shutdown.
  This brings us to the third circumstance, the Pay Our Military Act. 
This act not only forces the President to pay our men and women in 
uniform; it does more, much more. It also bars the President from 
furloughing civilian Defense workers even if there is a government 
shutdown, even if they are not declared ``essential,'' and even if 
Congress has not passed its Defense appropriations bill.
  For those who wish to read it, google the Pay Our Military Act to 
confirm that what I say is true. The Pay Our Military Act states, in 
part:

       There are hereby appropriated for fiscal year 2014 . . . 
     such sums as are necessary to provide pay and allowances to . 
     . . civilian personnel of the Department of Defense . . . 
     whom . . . are providing support to members of the Armed 
     Forces.

  Let me repeat that for emphasis. It states:

       There are hereby appropriated for fiscal year 2014 . . . 
     such sums as are necessary to provide pay and allowances to . 
     . . civilian personnel of the Department of Defense . . . 
     whom . . . are providing support to members of the Armed 
     Forces.

  There is no requirement that civilian Defense workers be essential. 
The only requirement is that they provide support to members of the 
Armed Forces. For emphasis, there is also no requirement that the 
support be for Armed Forces who are in combat.
  Mr. Speaker, every single civilian Defense worker supports the Armed 
Forces. By definition, that is their entire job. Hence, as a matter of 
law, there should be no furloughs of any civilian Defense workers.
  Mr. Speaker, earlier this week, on October 1, I joined 67 other 
Congressmen in a letter to Secretary of Defense Chuck Hagel, the Office 
of Management and Budget, and the Acting Secretary of Homeland Security 
reminding them of the Pay Our Military Act and emphasizing that we are:

       Disheartened that the administration chose to needlessly 
     furlough workers against the intent of Congress and that 
     since all DOD civilian employees serve to support the 
     uniformed services, all of these civilians should be returned 
     to work without further delay.

  Mr. Speaker, the President, our Commander in Chief, is actively 
violating the Pay Our Military Act. The Obama administration must 
immediately return all 400,000 furloughed DOD workers to work. Why, Mr. 
Speaker? Because it's the law.

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