[Congressional Record Volume 141, Number 212 (Saturday, December 30, 1995)]
[House]
[Pages H15642-H15645]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         ASSURING THAT ALL FEDERAL EMPLOYEES WORK AND ARE PAID

  Mr. DAVIS. Mr. Speaker, I ask unanimous consent that it be in order 
to consider in the House the Senate bill (S. 1508) to assure that all 
Federal employees work and are paid; that the amendment I have placed 
in the bill be considered as read and adopted, and that the bill, as 
amended, be considered as passed.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill, as amended, is as follows:

                                 S. 1508

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
     
[[Page H15643]]


     SECTION 1. ALL FEDERAL EMPLOYEES DEEMED TO BE ESSENTIAL 
                   EMPLOYEES.

       (a) In General.--Section 1342 of title 31, United States 
     Code, is amended for the period December 15, 1995 through 
     February 1, 1996--
       (1) by inserting after the first sentence ``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 involving the safety of 
     human life or the protection of property.''; and
       (2) by striking out the last sentence.


         AMENDMENT TO S. 1508 OFFERED BY MR. DAVIS OF VIRGINIA

       At the end of the bill, add the following:

     SEC. 2. EXTENSION OF AUTHORITIES.

       (a) In General.--Section 583(a) of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
     103-236), as amended by Public Law 104-47, is amended by 
     striking ``December 31, 1995'' and inserting ``March 31, 
     1996''.
       (b) Consultation.--For purposes of any exercise of the 
     authority provided in section 583(a) of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
     103-236) prior to January 10, 1996, the written policy 
     justification dated December 1, 1995, and submitted to the 
     Congress in accordance with section 583(b)(1) of such Act, 
     shall be deemed to satisfy the requirements of section 
     583(b)(1) of such Act.

     SEC. 3. CONGRESSIONAL CONSIDERATION OF THE BALANCED BUDGET 
                   BILL.

       (a) Introduction of the Balanced Budget Bill.--The balanced 
     budget bill, which is described in subsection (e), shall be 
     introduced in both the House of Representatives and the 
     Senate on the same day. In the House, the bill shall be 
     introduced by the Chairman of the Budget Committee of the 
     House. In the Senate, the bill shall be introduced by the 
     Majority Leader, after consultation with the Minority Leader.
       (b) Consideration of the Balanced Budget Bill in the 
     House.--Consideration of the balanced budget bill shall be 
     made in order pursuant to a special order reported by the 
     Committee on Rules.
       (c) Consideration of the Balanced Budget Bill in the 
     Senate.--
       (1) Placed on the calendar.--The balanced budget bill 
     introduced in the Senate shall not be referred to committee 
     but shall be placed directly on the Calendar.
       (2) Motion to proceed.--The motion to proceed to the 
     balanced budget bill shall not be debatable and the bill may 
     be proceeded to at any time after it is placed on the 
     Calendar.
       (3) Reconciliation procedures.--The Senate shall consider 
     the balanced budget bill as if it were a reconciliation bill 
     pursuant to section 310 of the Congressional Budget Act of 
     1974, with the following exceptions:
       (A) A motion to recommit shall not be in order.
       (B) All amendments proposed to the balanced budget bill 
     shall be considered as having been read in full, once the 
     amendment is identified by sponsor and number.
       (C) Debate in the Senate on the balanced budget bill, and 
     all amendments, thereto and debatable motions and appeals in 
     connection therewith, shall be limited to not more than 10 
     hours. Upon expiration of the 10 hours of debate, without 
     intervening action, the Senate shall proceed to vote on 
     the final disposition of the balanced budget bill.
       (D) If the Senate has received from the House the balanced 
     budget bill introduced under subsection (a) prior to the vote 
     on final disposition of the Senate bill, the following 
     procedures shall apply:
       (i) The balanced budget bill received from the House shall 
     not be referred to committee and shall be placed on the 
     Calendar.
       (ii) The Senate shall proceed to and consider the balanced 
     budget bill introduced in the Senate, however--
       (I) the vote on final passage shall be on the balanced 
     budget bill received from the House, if it is identical to 
     the balanced budget bill then pending for the vote on final 
     disposition in the Senate; or
       (II) if the balanced budget bill received from the House is 
     not identical to the balanced budget bill then pending for 
     the vote on final disposition in the Senate, following third 
     reading of the Senate bill, the Senate shall, without 
     intervening action or debate, proceed to the House balanced 
     budget bill, strike all after the Enacting Clause, substitute 
     the text of the Senate bill as taken to third reading, adopt 
     the Senate amendment, and vote on the final disposition of 
     the House balanced budget bill, as amended.
       (E) Consideration of House Message shall be limited to 5 
     hours. Debate on any motion necessary to dispose of a House 
     Message on the balanced budget bill shall be limited to 1 
     hour and debate on any amendment to such motion shall be 
     limited to 30 minutes.
       (F) Upon proceeding to any conference report on the 
     balanced budget bill, the bill shall be considered as read. 
     Debate on any conference report on the balanced budget bill 
     shall be limited to 5 hours.
       (4) Waiver of section 306.--Section 306 of the 
     Congressional Budget Act shall not apply to the consideration 
     of the balanced budget bill.
       (d) Revisions to Aggregates, Allocations, and Discretionary 
     Spending Limits.--
       (1) Authority to adjust aggregates and discretionary 
     limits.--For purposes of enforcement under the Congressional 
     Budget Act of 1974 and H. Con. Res. 67 (One Hundred Fourth 
     Congress), upon the introduction of the balanced budget bill 
     in the House and Senate, and again upon submission of a 
     conference report thereon--
       (A) the discretionary spending limits; and
       (B) the appropriate budgetary aggregates,
     as set forth in H. Con. Res. 67, shall be adjusted in 
     accordance with paragraph (3).
       (2) Authority to adjust committee allocations.--For 
     purposes of enforcement under the Congressional Budget Act of 
     1974 and under H. Con. Res. 67 (One Hundred Fourth Congress), 
     at any time after the introduction of the balanced budget 
     bill, but prior to consideration of that bill in the House or 
     Senate, as the case may be, and again upon submission of a 
     conference report thereon, the allocations to the Committees 
     of the Senate and the House pursuant to sections 302 and 602 
     shall be adjusted in accordance with paragraph (3).
       (3) Adjustments.--The adjustments required by paragraphs 
     (1) and (2) shall be made by the Chairman of the Committee on 
     the Budget of the Senate or the House of Representatives (as 
     the case may be) and shall be consistent with the budgetary 
     impact of the balanced budget bill. The adjusted 
     discretionary spending limits, allocations, and aggregates 
     shall be considered the appropriate limits, allocations, and 
     aggregates for purposes of enforcement of the Congressional 
     Budget Act and for enforcement of provision of H. Con. Res. 
     67 (One Hundred Fourth Congress).
       (4) Reporting revised suballocations.--Following the 
     adjustments made under paragraph (3), the Committees on 
     Appropriations of the Senate and the House of Representatives 
     may report appropriately revised suballocations pursuant to 
     sections 302(b) and 602(b) of this Act to carry out this 
     subsection.
       (5) Technical adjustments to house allocations.--Upon the 
     enactment of a balanced budget bill introduced under 
     subsection (a), the chairmen of the Committee on the Budget 
     of the House may make necessary technical revisions to the 
     revised allocations made under paragraph (2).
       (e) Balanced Budget Bill.--As used in this section, the 
     term ``balanced budget bill'' means any bill that achieves a 
     balanced budget not later than fiscal year 2002, which is 
     introduced pursuant to subsection (a).

  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  Mr. EMERSON. Reserving the right to object, Mr. Speaker, I yield to 
the gentleman from Fairfax County, VA [Mr. Davis].
  Mr. DAVIS. Mr. Speaker, let me explain. This takes S. 1508 and ties 
to it an expedited procedure for consideration of a budget resolution 
when it is agreed to by the President and congressional leaders in the 
Senate that would not make it subject to filibuster, that would move 
that along so this country could get on with a 7-year CBO-scored 
balanced budget.
  This would, though, allow Federal contractors to continue to work as 
Federal employees come back to supervise those contracts. The 
contractors, you talk about unintended victims, are people who have 
really been cut out of that process, and this would allow Federal 
employees to get back to do work and do all of these things mentioned.
  The difficulty has been that so far there has been an objection in 
the Senate to this, and hopefully by passing this in this body and 
sending it over, perhaps the Senate can work out their differences and 
send it back. It is really in that spirit that we move to this.
  Mr. GEPHARDT. Mr. Speaker, will the gentleman yield?
  Mr. EMERSON. Mr. Speaker, under my reservation of objection, I am 
delighted to yield to the gentleman from Missouri, the distinguished 
minority leader.
  Mr. GEPHARDT. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, I want to explain to the body that what is being 
asserted here is the bill that I a moment ago tried to get up, with a 
very important amendment. The amendment would put into place an 
expedited procedure for consideration of a balanced budget bill in the 
Senate, in the other body. It is my understanding from the Democratic 
leader of the other body that they will not accept this legislation. 
They would accept the legislation without the expedited procedure on 
the balanced budget, but they will not accept this. The Members on the 
other side are not in town to even be consulted to see if they could 
accept it, so this, in effect, is a poison pill in this piece of 
legislation that will not allow it to go forward.
  I would simply say that if the majority in this House is interested 
in the Federal Government going back to work, they will allow us to 
bring up the bill we tried to bring up a moment ago without the poison 
pill amendment, which will keep it from going through the Senate. If we 
insist on putting the poison pill in the bill, we are 

[[Page H15644]]
going to be back here next Wednesday right where we are today, without 
anybody in the Federal Government who is not working today working. We 
are going to be paying people to stay at home, which is unconscionable 
and against the interests of Federal employees and the interests of 
taxpayers.
  Mr. EMERSON. Reclaiming my time, Mr. Speaker, I yield to the 
gentleman from Virginia [Mr. Davis].
  Mr. DAVIS. Mr. Speaker, I do not share the same pessimism my friend, 
the gentleman from Missouri, has at this point. I understand there was 
an objection that was interposed last evening by the Democratic side in 
the Senate. The poison pill the gentleman speaks about simply would 
allow the Senate to filibuster to death any kind of balanced budget 
resolution that the President and congressional leaders agree to. That 
seems almost indefensible to me, but at this point I think that is the 
best we are going to get.
  I wish the gentleman's unanimous-consent request had been adopted by 
this body. I supported that, and will continue to support that every 
opportunity I get. But I think this is our next-best shot. We can send 
it there and hopefully the Senate will work something out that will 
allow a balanced budget agreement to be debated in a reasonable amount 
of time and not be filibustered to death, which is why I understand the 
objection was interposed last evening.
  Mr. EMERSON. Reclaiming my time, Mr. Speaker, I yield to the 
gentlewoman from Maryland [Mrs. Morella].
  Mrs. MORELLA. Mr. Speaker, I rise in support of this version. Again, 
Mr. Speaker, what our aim is, I think together, in a bipartisan way, we 
want to get our Federal Government operating again fully. We also 
wanted to balance the budget in 7 years. Basically, that is what we are 
saying, that we will not allow filibustering around the clock, ad 
infinitum, but set a period of time that is very reasonable to expedite 
the balanced budget.
  I want to reiterate the fact that we have Federal employees in so 
many departments who are not working, who have so much to offer, who 
are demoralized. This shutdown is costly financially, in terms of 
productivity, and in terms of morale. In the EPA, the Environmental 
Protection Agency, by Tuesday I understand that there will not be the 
funding or the people power to clean the Superfund sites; NASA, 
Interior, the parks and museums, the State Department. So many people 
have been in emergency situations where they have not been able to 
obtain visas or passports.

                              {time}  1045

  I spoke to someone internationally, a consul general, who was 
actually furloughed, but who went back on the job because of emergency 
situations.
  The Small Business Administration: 250 loans per day are not being 
offered because of the fact that people who work for the Small Business 
Administration are furloughed.
  The Justice Department: 250,000 home mortgages are not being produced 
every day because of the fact that Housing and Urban Development is not 
operating.
  So it is time for us to move on. This may not be ideal, but it is the 
best we can do. It guarantees payment for Federal employees. It puts 
them back to work, and it says that this Congress and the 
administration are in favor of a balanced budget scored by CBO in 7 
years. I thought that was something we already accepted.
  As a matter of fact, my understanding is that President Clinton has 
said that he is in favor of this plan, and so I hope that we will, by 
unanimous consent, approve of it as a step in the right direction.
  Mr. EMERSON. Mr. Speaker, further reserving the right to object, I 
yield to the gentleman from Virginia [Mr. Moran].
  Mr. MORAN. Mr. Speaker, I thank my friend for yielding.
  In the first place, we have a bill here at the desk that has been 
passed by unanimous consent in the Senate. We know if we passed that 
bill which we just considered, we just spoke on, S. 1508, Federal 
employees are put back on the job, and all of the things that the 
gentlewoman from Maryland [Mrs. Morella] said which are certainly so 
true, we respond in a positive, effective way to that situation.
  The problem with this bill is that we have been told, and 
unequivocally, that the Senate will not accept this bill. There are 46 
Senators, Democrats, over in the other body who will feel 
disenfranchised, who will feel that we are dictating to them something 
they will not accept, because they have to represent the interests of 
their constituency.
  Now, the fact is that there already are specific provisions dealing 
with reconciliation bills that streamline the process, that limit 
debate on these reconciliation bills. There are already rules in place 
that are designed to expedite the legislation. This is not necessary. 
This is far more restrictive provisions than they can accept, and 
regardless of the merits of whether or not they should accept this, the 
fact remains that this will do nothing to get the job done, to get 
Federal employees back on the job.
  Let me just suggest something to consider: If you are 20 feet from 
shore and you are drowning and somebody throws you a 15-foot rope, it 
is well-intentioned, it goes more than halfway, it is what needs to be 
done, you would assume, to throw a rope, but if the rope is not long 
enough, the rope does not get to the person who is drowning, it is no 
good.
  That is the analogy that applies to this piece of legislation. This 
piece of legislation dooms Federal employees to be locked out of their 
job and the American public locked out of their Government until we 
begin all over again next week.
  If the President agrees to something, then it is clear that the 
Democrats in the House and Senate are going to follow his lead. So it 
should not be a problem. There is no reason why we cannot approve the 
legislation we just talked about. We just got the support; every Member 
spoke positively who spoke about that legislation. If we do it today, 
Federal employees are back on the job today. We have done our work, and 
then we ought to be able to enjoy the holiday. Otherwise, we have no 
business even being on recess.
  Mr. EMERSON. Mr. Speaker, further reserving the right to object, I 
yield to the distinguished gentleman from Virginia [Mr. Wolf].
  Mr. WOLF. Mr. Speaker, let me try to bring some clarity, to this so 
everyone understands what we are talking about. I would have supported 
the other one gladly. I also support this one and hopefully people on 
the other side, they supported Senator Dole's gladly, so hopefully they 
will then support this, this gladly.
  This process of the expedited procedure is not all unusual process. 
It is actually in the budget rules now, so, I mean, it really is not 
any different except for the hourly thing.
  Third, I think it is important for this reason, I serve on the 
Committee on Appropriations, and the Labor-HEW bill has been tied up 
over in the Senate for well over, I think, 5 or 6 weeks. It has been 
debated and moved and changed and filibustered whereby it cannot even 
come up.
  So this process brings it up, and it is an expedited process. It is a 
good procedure. It gives the Senate time, the same way they would under 
the normal budget things.
  The other thing is it gets us to a balanced budget. Both sides say 
they want a balanced budget. It gets us there. It gets us to a balanced 
budget in 7 years. It gets us to a balanced budget scored by CBO, and 
another thing, in a bipartisan nature, the President supports this.

  I watched the news last night, and I do not know if it was the 10 
o'clock news or 11 o'clock news, that focused in on the President. The 
President said he supported this process, he supported the expedited 
procedure.
  Senator Dole has been supportive of theirs, hopefully they will be 
supportive of this. And Tom Daschle, who is a good Member of the 
Senate, served here in the House, has a lot of Federal employees in his 
district, last night on one of the shows they focused in on Mount 
Rushmore which I believe is in his area; I believe this would be good 
for the body. I think it would be good for the Congress. I think it 
would be good for Federal employees. But perhaps more importantly than 
anything, this expedited procedure process in moving this along would 
be good for the country. That is what we are here for, to do the best 
interests of the country.

[[Page H15645]]

  Had the other one been OK, fine. I even voted for it on the rollcall 
we did a week ago. I was one of three Republicans that did this. That 
process is there. This process is here. Let us pass this today so the 
Senate will have the opportunity, and hopefully take the opportunity, 
to work it and pass it whereby Federal employees can come back early 
next week.
  Mr. EMERSON. Mr. Speaker, further reserving the right to object, I 
yield to the gentleman from Virginia [Mr. Davis].
  Mr. DAVIS. Mr. Speaker, I appreciate the frustration of Members on 
both sides in trying to deal with this in a fair-handed way.
  Once again I supported the minority leader's request to bring this up 
clean. That was the surest and safest way to get Federal employees and 
contractors back to work.
  This can work, too. The only objection that could be interjected here 
are by Senators who feel a balanced budget agreement agreed to by the 
President and congressional leaders and brought back here would not be 
subject to the same expedited consideration that we usually undergo in 
budget reconciliation, that would allow a handful of Members to 
filibuster to death a balanced budget.
  No one here, I think, favors that. I cannot believe when it goes back 
to the Senate they will not be able to work that out. This is not 
necessarily the preferred mode. This moves us closer to the balanced 
budget and moves us closer to getting Federal employees back to work.
  In the absence of the minority leader's request today being objected 
to, this is the next best option. I hope it will be adopted.
  Mr. EMERSON. Mr. Speaker, further reserving the right to object, I 
yield very briefly to the gentleman from Maryland.
  Mr. HOYER. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, we have been relatively rational, reasonable sounding in 
the course of this day's proceedings. But I want to tell the Speaker 
and this House there is a great deal of anger in America, not just in 
my district or that of the gentleman from Virginia [Mr. Davis], or that 
of the gentleman from Virginia [Mr. Wolf], or that of the gentleman 
from Virginia [Mr. Moran], or that of the gentlewoman from Maryland 
[Mrs. Morella], a great deal of anger, I suspect in yours as well, Mr. 
Speaker, anger that the politicians cannot get it done.
  The difference between the last resolution, yes, it was offered by 
the minority leader, the majority leader of the U.S. Senate, a 
Republican running for President, and, yes, President Clinton agreed 
with it as the gentleman from Virginia [Mr. Wolf] has pointed out, and 
our side agreed with it in a bipartisan, nonpartisan, common sense, let 
us get the Government back to work and stop playing politics with one 
another.
  There is a difference with this resolution. This resolution attempts 
to muzzle the minority in the Senate.
  Now, Mr. Speaker, I am not going to object to this resolution. My 
friend, the gentleman from Virginia [Mr. Davis], points out that this 
is the next best thing. I suggest the best thing is to pass a simple 
continuing resolution which could have been done in 5 minutes before we 
left here to go on recess ourselves.
  Mr. Speaker, I fear very much that the analogy made by the gentleman 
from Virginia [Mr. Moran] that this is a 15-foot rope for a 20-foot 
victim may be apt. It may be correct. And that is a tragedy, and those 
in America who are angry are angry because they see this as politics as 
usual, not doing what everybody on this floor has said ought to be 
done, everybody today has said ought to be done, put the Government 
back to work while we make the difficult decisions.
  But I think the inevitable decision is to get us to balance. I am for 
that. As everybody knows, I voted for that.
  Mr. Speaker, I would hope that in the next few hours, the leadership, 
who, as the gentleman from Missouri, a decent, honest Member who serves 
his district and country well, said of the objection on the last 
amendment, that it was for certain procedural amenities. I appreciate 
that. That is important to us on the minority side that we cannot offer 
a unanimous-consent request if they do not agree, and they cannot offer 
if we do not agree. That is an important principle. I understand that.
  But when Americans hear that the Government is shut down because of 
certain procedural amenities, very frankly, their anger is heightened.
  I do not mean to mischaracterize what the gentleman said. The 
gentleman referred to what both sides feel is an important 
consideration that each gives to the other. I want to make that clear 
to the American public. The gentleman honestly and correctly stated 
that principle.
  But, Mr. Speaker, we should in a very simple, straightforward way, 
with no political objections on either side, pass Majority Leader 
Dole's resolution clean. Let that be the law, and then let us resolve 
the difference between us and adopt what I believe that more than two-
thirds of this body and, frankly, more than two-thirds of the Senate 
agree ought to be done, that is, a balanced budget in 7 years honestly 
scored by CBO so that America and America's children could have a 
better future.
  Mr. EMERSON. Mr. Speaker, further reserving the right to object, if 
no one else seeks recognition, let me say that the resolution that was 
objected to would have permitted a minority of a minority of a minority 
in the Senate to filibuster interminably. The issue now before the 
House, the resolution now before the House, would put the issue right 
on the dime and get on with business.
  Mr. Speaker, in consideration of the superior nature of this 
resolution, I withdraw my reservation of objection.
  The SPEAKER pro tempore (Mr. Schiff). Is there objection to the 
request of the gentleman from Virginia?
  There was no objection.
  The Senate bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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