[Congressional Record Volume 141, Number 207 (Friday, December 22, 1995)]
[Senate]
[Page S19232]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             PERMITTING FEDERAL EMPLOYEES TO RETURN TO WORK

  Mr. DOLE. Mr. President, while we are waiting, I will just say we 
have been trying to find some way that would permit Federal employees 
around the country to come back to work without enacting another 
continuing resolution. It is costing $40 million a day because we are 
going to pay the Federal employees. It is no fault of their own they 
are not working. It seems to me--at least I am getting a lot of calls 
from taxpayers around the country saying, ``Why are you paying people 
for not working?''
  My view is they ought to be able to go back to work, but under the 
law, they cannot even volunteer to go back to work, because if they 
volunteer, their supervisor might be in violation of some criminal 
statute. There is a purpose for all this, because if you do not have 
any money in the agency, it is pretty hard to say we are going to pay 
salaries.
  But in this case, in fact we agreed to say, it is safe to say, this 
afternoon--it should have been in that joint communique--the principals 
agreed those who are furloughed will be paid because it is no fault of 
their own.
  As the Washington Post said in an editorial, they are the victims, 
they are the pawns in this struggle for a balanced budget, and if you 
are in the Agriculture Department, we passed that appropriations bill, 
as the Presiding Officer knows because he is chairman of that 
Appropriations subcommittee, and they are working and they are getting 
paid. But if you work for the Interior Department, you are not getting 
paid because we have not passed a CR--we passed the Interior bill. 
Unfortunately, the President could have put people back to work, but he 
vetoed it.
  So we have been trying to find some way out of the impasse because 
there are Federal workers--in fact, I heard this morning on the radio 
representatives of the Federal employees union saying that it is giving 
the Federal employees a bad image; that many believe they are out there 
shopping in the shopping malls knowing they are all going to get paid, 
and they are just getting more time off.

  So I discussed in general the concept with Senator Daschle while we 
were at the White House and have been working with Senator Warner 
throughout the day. We believe we have found a way that would permit 
Federal employees to come back to work and they would be paid on the 
assurance given by not only the principals in today's meeting, but a 
letter signed by myself and the Speaker of the House last Thursday 
directed to Senator Warner and to Congresswoman Morella, Congressman 
Tom Davis and Congressman Frank Wolf.
  Let me read it:

       Section 1342 of title 31, U.S. Code, is amended, (1) by 
     inserting after the first sentence ``for the period December 
     15, 1995, through February 1, 1996, all officers and 
     employees of the United States Government or the District of 
     Columbia Government shall be deemed to be performing services 
     relating to emergencies involved in the safety of human life 
     or the protection of property and, (2) by striking out the 
     last sentence.

  Hopefully by then we will have completed our balanced budget and 
everybody will be back to work in a normal fashion.
  I am going to try to clear this on the Democratic side and send it to 
the House. I have had a brief discussion with the Speaker, and I am not 
certain if he has had a chance to analyze this. But this does two 
things, we are told.
  First of all, it permits Federal employees to go back to work without 
getting somebody in trouble, and, second, it assures they are going to 
be paid.
  So I hope we can clear this before the evening ends. I am not certain 
the House could take it up today, but they will be back on Wednesday.
  I know there is a lot of stress and unrest among Federal employees 
who are not working, but they will be paid, which means there is a lot 
of stress and unrest with the general taxpayers who wonder why they are 
not working if they are going to be paid. So this would permit Federal 
employees to do what I guess nearly everyone wants to do in the first 
place.
  I wish to thank my colleague from Virginia, Senator Warner, who has 
just come to the floor, for his assistance. We are trying to clear this 
at this point with the Democratic leader. If we cannot do that, at 
least I will have the bill printed in the Record and perhaps we can 
bring it up again next Wednesday when we are back in session.
  Mr. WARNER addressed the Chair.
  The PRESIDING OFFICER. The majority leader has the floor.
  Mr. DOLE. I will be happy to yield.
  Mr. WARNER. Mr. President, I just wish to thank the distinguished 
majority leader. Throughout this current series of problems and, 
indeed, in the last series, I was able to work with him expressing at 
all opportunity the need for the Federal employees to be treated with 
fairness and equity and compassion, and that means going back to work.
  I just want to thank the leader for what he has done, and I am 
delighted to be a cosponsor of this particular piece of legislation, 
which, Mr. President, will enable them to be treated just like all 
other civil service employees, and I think that is the bare minimum we 
owe to these fine people who are public servants in every true sense.
  Mr. DOLE. I think there is another matter we need to deal with very 
quickly because there are, I understand, 470,000, almost 500,000 
employees who are working who are going to have difficulty being paid. 
So we need to address that very quickly, and we are working on that.
  So as I was saying, as the Senator from Virginia indicated this 
morning, it is costing $40 million a day. These employees want to work 
and they cannot work. They cannot volunteer. Somebody is going to be in 
trouble if they do that. So we have discussed this with the 
Parliamentarian and legislative counsel, and this brief language would 
permit them to go back to work and also assure them they would be paid. 
Those are the two purposes of the resolution.
  Mr. WARNER. Mr. President, again, I thank the distinguished leader, 
and I hope it is accepted.
  Mr. DOLE. Mr. President, there is a considerable amount of what we 
call wrap-up around here. While that is being prepared, I suggest the 
absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. WARNER. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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