[Congressional Record Volume 141, Number 213 (Sunday, December 31, 1995)]
[Senate]
[Pages S19322-S19323]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          UNANIMOUS-CONSENT REQUEST--HOUSE MESSAGE ON S. 1508

  Mr. DASCHLE. Mr. President, let me emphasize that the resolution that 
I attempted to get unanimous consent for would have allowed Government 
to go back to work. We would not have had this sham proposal sent over 
to us by the House that does not allow people to go to work, does not 
allow people to get paid, does not allow people any opportunity to do 
anything once they are in their offices. So people ought to understand 
this. I have seen in the media for the last couple of days that this 
resolution somehow would allow Federal employees to go back to work. 
There is a distinction between going back to work and going to their 
offices. They will be able to go to their offices, but they will not be 
allowed to go back to work. Nor will they be paid.
  So I would just emphasize that that is our first choice, to allow 
them to go back to work and have a continuing resolution that allows 
all Federal agencies to operate as they should during this time. If 
that cannot be done, I would pose the second unanimous-consent request, 
and that is the one that Senator Dole and I agreed to last Friday, the 
22d of December. On that occasion, with some reservation, I agreed to 
at least allow them to go to their offices to do whatever they could 
under very significant constraints.
  They are not going to get paid, but since we did go on record on 
December 22d, Friday, to at least do that, to allow them to go back to 
their offices, I now ask unanimous consent that the Senate proceed to 
the message from the House on S. 1508, that the Senate concur in the 
House amendment with a substitute amendment, which includes the text of 
the distinguished majority leader's back-to-work bill, that the motion 
to concur be agreed to, and the motion to reconsider be laid upon the 
table.
  The ACTING PRESIDENT pro tempore. Is there objection?
  Mr. DOLE. Mr. President, reserving the right to object, and I shall 
object.
  Again, repeating, it seems to me that there was a provision that we 
might 

[[Page S19323]]
have added to the deeming provision which would have defined the scope 
of employment once back to work. We are told that the Justice 
Department, or whoever would make that determination, would probably 
conclude that they could go back into almost normal duties. We were 
prepared to at least look at that provision. In fact, I ask unanimous 
consent that that provision be printed in the Record.
  There being no objection, the provision was ordered to be printed in 
the Record, as follows:

     SEC.   . SCOPE OF EMPLOYMENT.

       Employees excepted from furlough during any period in which 
     there is a lapse in appropriations for the activity in which 
     the employee is employed shall engage in the normal 
     activities of their position, including the obligation of 
     necessary operating expenses, but not including entering into 
     new program obligations such as grants or contracts.

  Mr. DOLE. Mr. President, it was not made part of the technical 
changes. The White House had some concern with it, too. In any event, 
we need to end the impasse. That is what I have been about and what the 
Senator from South Dakota has been about, and the Senator from North 
Dakota, along with a number of my colleagues. I met this morning with 
Congresswoman Morella from Maryland and Congressman Davis from 
Virginia, and I have been in contact with Congressman Wolf from 
Virginia and Senator Warner from Virginia. They have a lot of Federal 
employees in their States and districts. We believe they ought to be 
paid. They should not be hostages or pawns. We ought to end this. It 
has gotten to the point where it is a little ridiculous, as far as this 
Senator is concerned.
  We are going to keep trying. Hopefully, on Tuesday, if we cannot do 
anything else, we may pass whatever it takes on the Senate side, I say 
to my colleague from South Dakota.
  In the meantime, I must object.
  The ACTING PRESIDENT pro tempore. Objection is heard. The Democratic 
leader.

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