[Congressional Record Volume 153, Number 190 (Wednesday, December 12, 2007)]
[Senate]
[Pages S15250-S15251]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself, Mr. Dodd, and Mr. Obama):
  S. 2462. A bill to provide that before the Secretary of Defense may 
furlough any employee of the Department of Defense on the basis of a 
lack of funds, the Secretary shall suspend any nonessential service 
contract entered into by the Department of Defense, and for other 
purposes; to the Committee on Armed Services.
  Mr. AKAKA. Mr. President, for the last few weeks, the administration 
has increased its rhetoric about a looming budget shortfall at the 
Department of Defense unless Congress passes an emergency spending 
bill. Most recently, the President threatened to lay off hundreds of 
thousands of Federal workers at DoD to make up for any shortfalls. This 
is simply unacceptable.
  The Pentagon said as late as last week that the Department has 
sufficient funds in order to keep our fighting men and women in Iraq 
and Afghanistan supplied through late February to mid-March of next 
year. Nonetheless, the administration continues to threaten to layoff 
workers to make up for a non-existent gap in funding. The Department of 
Defense should not use Federal employees as pawns because the White 
House is playing politics with the budget.
  As Chairman of the Governmental Affairs Oversight of Government 
Management and Federal Workforce Subcommittee and the Armed Services 
Readiness Subcommittee, I have made oversight Government contracting a 
priority. In several hearings, I have heard officials and 
whistleblowers testify about the systemic waste, fraud and abuse, in 
many contracts. If the administration wants to save money, it should 
start increasing oversight over contracts and drop those that are not 
performing.
  Rather than increasing their efforts to eliminate waste, fraud, and 
abuse in contracting that costs us billions every year, this 
administration would rather lay off patriotic civilian Federal 
employees who have dedicated their careers to the Federal Government. 
The Federal Government is already facing looming crisis in retirements 
and is working hard to recruit new workers to fill vacancies. Using 
Federal workers to make a political statement is wrong. It sends a 
negative message to prospective employees and hurts recruitment efforts 
in the long run.
  Instead of looking to cut the Federal workforce to save money, the 
President should be holding contractors accountable to reduce costs and 
ensure

[[Page S15251]]

that our fighting men and women in Iraq and Afghanistan have the 
supplies they need.
  Today, I am introducing a bill that would send a clear message to the 
administration that Federal workers are not bargaining chips.
  The idea behind this legislation is simple, rather than laying off 
Federal workers to close a budget shortfall, the Pentagon should 
suspend contracts for non-essential services. Many service contractors 
work side-by-side with Federal workers. There is no reason that Federal 
workers should get a pink slip for Christmas while the Pentagon 
continues to spend millions on contractors.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2462

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

     SECTION 1. LIMITATION ON FURLOUGHS OF EMPLOYEES OF THE 
                   DEPARTMENT OF DEFENSE.

       (a) Definitions.--In this Act:
       (1) Employee.--The term ``employee''--
       (A) has the meaning given under section 7511(a)(1) of title 
     5, United States Code; and
       (B) includes a member of the Senior Executive Service.
       (2) Furlough.--The term ``furlough''--
       (A) has the meaning given under section 7511(a)(5) of title 
     5, United States Code; and
       (B) with respect to a member of the Senior Executive 
     Service, has the meaning given under section 3595a(a) of 
     title 5, United States Code.
       (b) Limitation on Furloughs.--Before the Secretary of 
     Defense may furlough employees of the Department of Defense 
     on the basis of a lack of funds, the Secretary shall suspend 
     all nonessential service contracts entered into by the 
     Department of Defense as are necessary to make up for the 
     lack of funds.
       (c) Transfer of Funds.--The Secretary of Defense shall 
     transfer an amount equal to payments not required to be made 
     by the United States by reason of the suspension of contracts 
     under subsection (b) from the applicable appropriations 
     accounts used for making such payments into the applicable 
     appropriations accounts for the salaries and expenses of 
     employees.
       (d) Use of Transferred Funds.--Amounts transferred into 
     appropriations accounts under subsection (c) may be used for 
     authorized purposes of those accounts to prevent the furlough 
     of employees on the basis of a lack of funds.
       (e) Effective Date.--This Act shall apply with respect to 
     fiscal year 2008.

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