[Congressional Record Volume 141, Number 205 (Wednesday, December 20, 1995)]
[Senate]
[Pages S19019-S19020]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CLARIFICATION OF REIMBURSEMENT TO STATES FOR FEDERALLY FUNDED EMPLOYEES

  Mr. SANTORUM. Madam President, I ask unanimous consent that the 
Governmental Affairs Committee be discharged from further consideration 
of S. 1429 and, further, that the Senate proceed to its immediate 
consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The assistant legislative clerk read as follows:

       A bill (S. 1429) a bill to provide clarification in the 
     reimbursement to States for federally funded employees 
     carrying out Federal programs during the lapse in 
     appropriations between November 14, 1995, through November 
     19, 1995.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 3107

 (Purpose: To provide clarification in the reimbursement to States for 
  federally funded employees carrying out Federal programs during the 
lapse in appropriations between November 14, 1995, through November 19, 
                                 1995)

  Mr. SANTORUM. Madam President, I send an amendment to the desk and 
ask for its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Pennsylvania (Mr. Santorum), for Mr. 
     Domenici, (for himself Mr. Lott, Mr. Warner, Mr. Stevens, Mr. 
     Cohen, Mr. Exon, Mr. Pressler, Mrs. Hutchison, Mr. Bingaman, 
     Mr. Thomas, Mr. Cochran, Mr. Kerrey, Mr. Grassley, and Mr. 
     Harkin), proposes an amendment numbered 3107.

  Mr. SANTORUM. Madam President, I ask unanimous consent that reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       Strike out all after the enacting clause and insert in lieu 
     thereof the following:

     SECTION 1. CLARIFICATION OF REIMBURSEMENT TO STATES FOR 
                   FEDERALLY FUNDED EMPLOYEES.

       Section 124 of the joint resolution entitled ``A joint 
     resolution making further continuing appropriations for the 
     fiscal year 1996, and for other purposes'', approved November 
     20, 1995 (Public Law 104--56) is amended by adding at the end 
     thereof the following new subsection:
       ``(b)(1) If during the period beginning November 14, 1995, 
     through November 19, 1995, a State used State funds to 
     continue carrying out a Federal program or furloughed State 
     employees whose compensation is advanced or reimbursed in 
     whole or in part by the Federal Government--
       ``(A) such furloughed employees shall be compensated at 
     their standard rate of compensation for such period;
       ``(B) the State shall be reimbursed for expenses that would 
     have been paid by the Federal Government during such period 
     had appropriations been available, including the cost of 
     compensating such furloughed employees, together with 
     interest thereon due under section 6503(d) of title 31, 
     United States Code; and
       ``(C) the State may use funds available to the State under 
     such Federal program to reimburse such State, together with 
     interest thereon due under section 6503(d) of title 31, 
     United States Code.
       ``(2) For purposes of this subsection, the term `State' 
     shall have the meaning as such term is defined under the 
     applicable Federal program under paragraph (1).''.

  Mr. DOMENICI. Mr. President, on November 28, I introduced legislation 
to fix an inadvertent effect of the 6-day Government shutdown between 
November 14 through November 19, 1995. That bill, S. 1429, with the 
amendment that I currently am introducing, will allow hundreds of State 
employees who administer the disability determination program of the 
Social Security Administration and who administer vocational 
rehabilitation programs for the Department of Education to receive the 
pay that they lost during the Government shutdown. The fact that they 

[[Page S19020]]
were not paid was not intended, but it has occurred, and I and those 
who have cosponsored this legislation are anxious to fix this problem. 
My distinguished cosponsors include Senators Lott, Warner, Stevens, 
Cohen, Exon, Pressler, Hutchison, Cochran, Bingaman, Thomas, Kerrey, 
Grassley, and Harkin.
  Mr. President, the furlough pay language that the Congress adopted as 
part of House Joint Resolution 122, the Further Continuing Resolution 
for Fiscal Year 1996, was the language that previous Congresses have 
adopted to provide compensation to Federal employees during periods of 
Government closure.
  This language was enacted to provide compensation to Federal 
employees affected by Government closure in 1984, 1986, 1987, and 1990. 
This language was provided to Congress to the Administration to meet 
our stated intent that Federal workers should not suffer a loss of pay 
as a result of the 6-day closure of the Federal Government.
  I introduced S. 1429 when it was brought to my attention that the 
language included in the Continuing Resolution regarding the payment of 
compensation might not cover all employees who were subject to the 
furlough, mostly State employees paid with Federal funds to administer 
Federal programs.
  The affected agencies and the General Accounting Office have reviewed 
the language that I am offering as a substitute to S. 1429 and indicate 
that it will fix this inadvertent consequence. It will ensure that 
these State employees receive their pay, or in cases where States used 
their own funding to pay these workers, the State can be reimbursed for 
those costs.
  Mr. President, it was and is clearly the intent of the Congress to 
pay Federal workers and State workers who administer Federal programs 
for the 6-day period of the Government shutdown. The language I am 
offering will carry out this intent, and I urge my colleagues to adopt 
the bill, S. 1429, as amended.
  Mr. COCHRAN. Madam President, I support this legislation which makes 
clear that it is the intent of Congress that all furloughed Federal 
workers, including federally funded State workers, affected by the 
shutdown of the Federal Government receive their pay.
  The Congress adopted furlough pay language as part of the continuing 
resolution, House Joint Resolution 122, to provide compensation to 
Federal Employees affected by the recent 6-day Government closure.
  The continuing resolution has been interpreted by some to not cover 
all employees who were affected by the Government closure. For 
instance, there are State employees paid with 100 percent Federal funds 
who make disability determinations and administer unemployment 
insurance benefits who may not be covered by the language in the 
continuing resolution regarding the payment of employees who were 
subject to furlough.
  This legislation ensures that 100 percent federally funded State 
employees affected by the furlough receive their pay as Congress 
intended, and that States using their own funds to make up for the lack 
of Federal funds for these employees are reimbursed to carry out 100 
percent federally supported functions.
  I urge my colleagues to support this measure.
  Mr. SANTORUM. Madam President, I ask unanimous consent that the 
amendment be agreed to, the bill be deemed read a third time, passed, 
as amended, the motion to reconsider be laid upon the table, and that 
any statements relating to the bill be placed at the appropriate place 
in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the amendment (No. 3107) was agreed to.
  So the bill (S. 1429), as amended, was deemed read a third time, and 
passed, as follows:

                                S. 1429

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. CLARIFICATION OF REIMBURSEMENT TO STATES FOR 
                   FEDERALLY FUNDED EMPLOYEES.

       Section 124 of the joint resolution entitled ``A joint 
     resolution making further continuing appropriations for the 
     fiscal year 1996, and for other purposes'', approved November 
     20, 1995 (Public Law 104-56) is amended by adding at the end 
     thereof the following new subsection:
       ``(b)(1) If during the period beginning November 14, 1995, 
     through November 19, 1995, a State used State funds to 
     continue carrying out a Federal program or furloughed State 
     employees whose compensation is advanced or reimbursed in 
     whole or in part by the Federal Government--
       ``(A) such furloughed employees shall be compensated at 
     their standard rate of compensation for such period;
       ``(B) the State shall be reimbursed for expenses that would 
     have been paid by the Federal Government during such period 
     had appropriations been available, including the cost of 
     compensating such furloughed employees, together with 
     interest thereon due under section 6503(d) of title 31, 
     United States Code; and
       ``(C) the State may use funds available to the State under 
     such Federal program to reimburse such State, together with 
     interest thereon due under section 6503(d) of title 31, 
     United States Code.
       ``(2) For purposes of this subsection, the term `State' 
     shall have the meaning as such term is defined under the 
     applicable Federal program under paragraph (1).''.

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