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<html> <title> - TREASURY, POSTAL SERVICE, AND GENERAL GOVERNMENT APPROPRIATIONS FOR FISCAL YEAR 1998</title> <body><pre> [House Hearing, 105 Congress] [From the U.S. Government Publishing Office] <DOC> TREASURY, POSTAL SERVICE, AND GENERAL GOVERNMENT APPROPRIATIONS FOR FISCAL YEAR 1998 ======================================================================== HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTH CONGRESS FIRST SESSION ________ SUBCOMMITTEE ON THE TREASURY, POSTAL SERVICE, AND GENERAL GOVERNMENT APPROPRIATIONS JIM KOLBE, Arizona, Chairman FRANK R. WOLF, Virginia STENY H. HOYER, Maryland ERNEST J. ISTOOK, Jr., Oklahoma CARRIE P. MEEK, Florida MICHAEL P. FORBES, New York DAVID E. PRICE, North Carolina ANNE M. NORTHUP, Kentucky ROBERT B. ADERHOLT, Alabama NOTE: Under Committee Rules, Mr. Livingston, as Chairman of the Full Committee, and Mr. Obey, as Ranking Minority Member of the Full Committee, are authorized to sit as Members of all Subcommittees. Michelle Mrdeza, Elizabeth A. Phillips, Jeff Ashford, and Melanie Marshall, Staff Assistants ________ PART 5 TESTIMONY OF MEMBERS OF CONGRESS AND OTHER INTERESTED INDIVIDUALS AND ORGANIZATIONS <snowflake> ________ Printed for the use of the Committee on Appropriations ________ U.S. GOVERNMENT PRINTING OFFICE 40-085 O WASHINGTON : 1997 ------------------------------------------------------------------------ For sale by the U.S. Government Printing Office Superintendent of Documents, Congressional Sales Office, Washington, DC 20402 COMMITTEE ON APPROPRIATIONS BOB LIVINGSTON, Louisiana, Chairman JOSEPH M. McDADE, Pennsylvania DAVID R. OBEY, Wisconsin C. W. BILL YOUNG, Florida SIDNEY R. YATES, Illinois RALPH REGULA, Ohio LOUIS STOKES, Ohio JERRY LEWIS, California JOHN P. MURTHA, Pennsylvania JOHN EDWARD PORTER, Illinois NORMAN D. DICKS, Washington HAROLD ROGERS, Kentucky MARTIN OLAV SABO, Minnesota JOE SKEEN, New Mexico JULIAN C. DIXON, California FRANK R. WOLF, Virginia VIC FAZIO, California TOM DeLAY, Texas W. G. (BILL) HEFNER, North Carolina JIM KOLBE, Arizona STENY H. HOYER, Maryland RON PACKARD, California ALAN B. MOLLOHAN, West Virginia SONNY CALLAHAN, Alabama MARCY KAPTUR, Ohio JAMES T. WALSH, New York DAVID E. SKAGGS, Colorado CHARLES H. TAYLOR, North Carolina NANCY PELOSI, California DAVID L. HOBSON, Ohio PETER J. VISCLOSKY, Indiana ERNEST J. ISTOOK, Jr., Oklahoma THOMAS M. FOGLIETTA, Pennsylvania HENRY BONILLA, Texas ESTEBAN EDWARD TORRES, California JOE KNOLLENBERG, Michigan NITA M. LOWEY, New York DAN MILLER, Florida JOSE E. SERRANO, New York JAY DICKEY, Arkansas ROSA L. DeLAURO, Connecticut JACK KINGSTON, Georgia JAMES P. MORAN, Virginia MIKE PARKER, Mississippi JOHN W. OLVER, Massachusetts RODNEY P. FRELINGHUYSEN, New Jersey ED PASTOR, Arizona ROGER F. WICKER, Mississippi CARRIE P. MEEK, Florida MICHAEL P. FORBES, New York DAVID E. PRICE, North Carolina GEORGE R. NETHERCUTT, Jr., Washington CHET EDWARDS, Texas MARK W. NEUMANN, Wisconsin RANDY ``DUKE'' CUNNINGHAM, California TODD TIAHRT, Kansas ZACH WAMP, Tennessee TOM LATHAM, Iowa ANNE M. NORTHUP, Kentucky ROBERT B. ADERHOLT, Alabama James W. Dyer, Clerk and Staff Director TREASURY, POSTAL SERVICE, AND GENERAL GOVERNMENT APPROPRIATIONS FOR 1998 ---------- Tuesday, April 8, 1997. TESTIMONY OF MEMBERS OF CONGRESS AND OTHER INTERESTED INDIVIDUALS WITNESS HON. EARL BLUMENAUER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF OREGON Mr. Kolbe. The Subcommittee on Treasury, Postal Service, and General Government will come to order. This is our last public hearing of this season, so to speak, and today is devoted to testimony by Members of Congress and outside groups. We have a lot of people that, of course, always want to testify with regard to the various agencies that are under our jurisdiction or various parts of our appropriation bill, and so I would urge everybody that is here already listening to me that we would like to please keep the testimony to 5 minutes. The full statements will be placed in the record. We will go--we have an order here; but we will go, of course, in the order that people actually show up here. I don't see Peter here to begin with, and so we will begin here with the second one that is on our list here, Earl Blumenauer. Earl. Mr. Blumenauer. Thank you, Mr. Chairman. I appreciate your courtesy, and I will attempt to take less than the 5 minutes. I have submitted testimony in advance. Basically, the reason I am here today is there is a great deal of interest in Washington, D.C., of late of those of us in the Federal Government walking our talk. The post office, although a quasi-Federal agency, still represents the Federal Government for many people. It is the heart and soul of many small communities, and it is part of the heritage of every community. Last week--last year, rather, this subcommittee gave policy direction dealing with the closures of small rural post offices. I am here today seeking your assistance in helping make sure that the post office is a good neighbor. It is important to make sure that it--we build on a concept of the Federal Government through the post office, following local land use regulations. I have a number of examples in Mr. Hoyer's district and Mr. Forbe's district where local communities are very concerned by the inability to be able to work in a constructive fashion with the post office to make sure that the post office plays by the same rules. The language that I have proposed is to make sure that in the areas of renovation, closing and consolidations that the post office must abide by local zoning and building code requirements and to make sure that the local community is given meaningful input into those decisions. As you may be aware, currently the post office is required, under U.S. Code, to have input in areas of closure or consolidation but not in decisions that actually many times strike more at the fabric of community when you are talking about renovation and relocation; and I would ask very simply that this committee consider adding this directive to the post office in this year's bill. I am happy to answer any questions. If you wish, I can give examples of where it is issues of following local planning relating to roads, historic preservation. But, as I say, I provided that in the previous testimony, and I know time is at a premium. Mr. Kolbe. I thank the gentleman from Oregon for his testimony and for this suggestion. I think it is an interesting one and certainly one that we will want to take under advisement. If we do have any other questions, we will certainly be in touch with you on that. Mr. Blumenauer. Thank you very much, Mr. Chairman. Mr. Kolbe. Thank you very much for coming and testifying. [The prepared statement of Congressman Blumenauer follows:] [Pages 3 - 4--The official Committee record contains additional material here.] Tuesday, April 8, 1997. WITNESS HON. CARLOS ROMERO-BARCELO1, A RESIDENT COMMISSIONER IN CONGRESS FROM PUERTO RICO Mr. Kolbe. We will go next to Carlos Romero-Barcelo1, the gentleman from Puerto Rico, Commissioner from Puerto Rico. Mr. Romero-Barcelo1. Thank you, Mr. Chairman. I appreciate the opportunity to testify today. I have submitted a longer statement for the record. The purpose of my appearance here today is to discuss the University of Puerto Rico's interest in acquiring a land site located in Sabana Seca, Puerto Rico, for scientific research currently being conducted by the University on the site with the support of the National Institutes of Health. The site consists of 270 acres owned by the NIH and an additional 5.6 acres of land that is currently leased to the Navy by the NIH. For nearly 30 years, the National Institutes of Health has leased this site to the University of Puerto Rico. The University's Medical Science Campus currently uses the site to support the research of the Caribbean Primate Research Center. The Center is world-renowned for its research resources related to the studies on the behavior, biology, genetics and the spontaneous diseases of non-human primates. The origins of the Center date back to 1938, when the Cayo Santiago rhesus monkey colony was established to provide a field site for behavioral studies and to supply rhesus monkeys for biomedical and anatomical research. In 1956, the NIH laboratory for Perinatal Physiologyopened in San Juan and the Cayo Santiago site became the Library's primary ecology section. When the Library closed in 1970, the University of Puerto Rico formally established a Caribbean primate center and has since leased the property at the Sabana Seca site from NIH in an effort to continue primate research. Much of the support for the University's research at the site comes from the NIH. In 1996, following a review of the NIH's Space and Facility Management Division, the agency made a determination to surplus the land. The NIH is in the process of disposing of the property through ordinary GSA processes, and NIH has advised the GSA and other appropriate Federal agencies that NIH has no objection to the University obtaining ownership of the property. NIH and Navy officials have expressed their support for the University's acquisition of the Sabana Seca property. In addition to continued use of the site as a primate facility, the University proposes to establish a new University Science Park and Ecological Research Center. This plan includes development of the area to support short- and long-term ecological research of the flora, fauna and rare species of animals unique to this area of the Caribbean. The University of Puerto Rico's Science Park and Ecological Research Center will pool the scientific talent and know-how of a number of existing research centers in Puerto Rico, the U.S. mainland and throughout the Caribbean and Latin America to foster collaboration and joint research projects. Mr. Chairman, the transfer of the Sabana Seca land to the University is essential for the continued operation and success of the Caribbean Primate Research Center. It is my hope that you and the other members of the subcommittee will support this effort, and I am requesting that language be included in the fiscal year 1998 Treasury, Postal Service and General Government Operations appropriations bill to authorize this transfer. I will be submitting a bill to that effect, Mr. Chairman. I would appreciate it. Thank you. Mr. Kolbe. Thank you. Thank you very much, Carlos. We appreciate your testimony, and we will certainly take this under consideration. This is not a normal precedent for this subcommittee to do this but certainly one that we will want to consider, and we will be in touch with you. Mr. Romero-Barcelo1. Thank you very much. Mr. Kolbe. Thank you very much. [The prepared statement of Resident-Commissioner Romero- Barcelo1 follows:] [Pages 7 - 11--The official Committee record contains additional material here.] Tuesday, April 8, 1997. WITNESS HON. PETER VISCLOSKY, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF INDIANA Mr. Kolbe. We will go back now and take Mr. Visclosky from Indiana. Mr. Visclosky. Thank you very much, Mr. Chairman. I understand my statement will be entered in the record. Mr. Kolbe. Yes, the full statement will be entered in the record. Mr. Visclosky. I would like to start out by saying that I was lonely not being on the subcommittee any longer and couldn't wait to get back. Mr. Kolbe. We are happy to have you back with us here. We would encourage you to come back often. Mr. Visclosky. Thank you very much. Mr. Kolbe. Not often with requests necessarily, but at least you are always welcome to sit up here. Mr. Visclosky. I misunderstood the Chairman. Mr. Chairman, again, I thank you very much for the opportunity to present testimony today and am here to ask that the subcommittee consider continuing the support for the Lake County, Indiana, High Intensity Drug Trafficking Area at the $3 million that the subcommittee provided for the current year. What we tried to do with the Lake County HIDTA is not to reinvent the wheel but to continue support for the Lake County Drug Task Force, the Gary Response Investigative Team and the Northwest Indiana Investigative Support Center. The head of ONDCP, General Barry McCaffrey visited our HIDTA this past week, and we want to continue that cooperation with ONDCP and try to use the HIDTA funds as efficiently and effectively as possible. I appreciate the subcommittee's support, Mr. Chairman. Mr. Kolbe. Thank you very much. We appreciate the brevity of your testimony, and we certainly have the whole thing here. I know you and I have talked--actually, we haven't talked about this particular issue before, but I appreciate your bringing this to our attention here. We have been spending a lot of time in the last few days or last couple of weeks doing a tour of the southwest border dealing with some of the HIDTA, and so we appreciate the work that they do and note that they can be very successful in their effort--in our efforts to help counteract drug trafficking. So we appreciate your interest in this. Mr. Visclosky. Thank you very much, Mr. Chairman. Mr. Kolbe. Thank you very much, Mr. Visclosky. [The prepared statement of Congressman Visclosky follows:] [Pages 13 - 15--The official Committee record contains additional material here.] Tuesday, April 8, 1997. BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, RELATED MATTERS WITNESS ERIC LARSON, COLLECTORS ARMS DEALERS ASSOCIATION Mr. Kolbe. I don't believe we have any other Members here. Mr. Shays was here a minute earlier. We will go to the outside witnesses, and as these other Members show up here we will come back to them. Let's see who we have got here. Is Mr. Larson here? Yes, Mr. Larson, if you would like to come on up. Mr. Larson. Thank you, Mr. Chairman, for this opportunity to speak with you. My name is Eric M. Larson. I testified---- Mr. Kolbe. Would you pull the microphone closer and speak up a little bit? Mr. Larson. How is this? Mr. Kolbe. Just pull it towards you. Thank you. Mr. Larson. All right. Thank you. My name is Eric M. Larson. I testified before this subcommittee last year about certain curio or relic firearms manufactured in or before 1934 that have special value to collectors at the request of the Collectors Arms Dealers Association. I am here to do so again this year and thank you for this opportunity. But, first, before making my statement, I hope that the subcommittee will continue to prohibit the Bureau of Alcohol, Tobacco and Firearms from spending any government funds to change the curio or relic definition, to remove any firearm from the curio and relic list or to change the law regarding the importation of curio or relic firearms. Last year, at the hearing, Chairman Lightfoot said, ``Occasionally, one of these old relics that you are talking about shows up, that has been in a drawer that grandma or grandpa stuck there 50 years ago or whatever. This is an area we need to look at, too, I think.'' These old animal trap guns and gadget-type items like knife pistols, unique or strange firearms such as wrench guns and relatively low-powered small-game guns were, for largely technical reasons, classified as firearms subject to registration under the National Firearms Act of 1934, although they were not commonly used by criminals. Most of these guns were already obsolete before 1934. Today, they are historical artifacts. They are very highly prized by collectors. At the request of the collecting community, I would like to respectfully ask the subcommittee to take administrative action and, if necessary, legislative action to remove the following firearms from the purview of the NFA and reclassify them as conventional firearms--that is, as ordinary rifles, shotguns, pistols or revolvers--as defined in Title 18, United States Code, Chapter 44: Any firearm classified as ``any other weapon'' under the National Firearms Act of 1934, as amended, which was originally commercially manufactured in the United States in or before 1934, but not replicas thereof. There are three basic reasons: Number one, in 1960, the Congress determined that these pre-1934 ``any other weapon'' firearms are mainly collectors items and are not likely to be used as weapons. I estimate that fewer than 17,000 still exist today. Reason number two: Last year, a Federal court dismissed five criminal convictions for nonregistration because ATF employees have thrown registration documents away rather than do the work to enter them into the NFA firearm registration database. If ATF loses the registration document and a person who owns a pre-1934 AOW can't find his copy, current law does not allow him to reregister the gun. Under the law, ATF must confiscate the firearm, even if it may never have been used in criminal activities. The owner is also subject to a $250,000 fine and 10 years in prison. I believe these penalties are unfair, inappropriately harsh and unwarranted. Now, I would like to distinguish the problems I have identified with the NFA firearm registration data base as a product of my individual research and not as the policy or position of the Collectors Arms Dealers Association. The reason is that my research is, in a way, simply a detail and intended as something from me to the subcommittee--a statement by a concerned private citizen backed up by what I believe is valid and reliable evidence, virtually all of it obtained from ATF itself. While the NFA database problem is an important and perhaps critical detail, I believe that the major case for removing these ``any other weapon'' firearms from the NFA lies in and has been presented in the law and legislative history relevant to these firearms. Last year, I reviewed this evidence in considerable detail. I have summarized it in my detailed testimony this year and am revisiting the concerns that I expressed last year regarding special and more lenient treatment for these ``any other weapon'' firearms on behalf of the collecting community. Reason number three: No change in any law is required. All of these pre-1934 ``any other weapon'' firearms may simply be administratively removed from the NFA as collector's items. On a case-by-case basis, ATF may already have removed between 50,000 and 100,000 individual firearms, such as Winchester trapper carbines and Luger and Mauser shoulder stock pistols from the NFA. This subcommittee has the power to grant this request by taking administrative action, and it is my sincere hope that you will do so. Finally, I would like to say the main benefit of taking these weapons off such strict controls would be to benefitthe individual collector, not really dealers. The individual people who own these guns as prized family heirlooms, I think, would be eternally grateful to the government for doing this for them. Mr. Chairman, this concludes my prepared oral statement. I will be glad to answer any questions that you may have. Mr. Kolbe. Thank you, Mr. Larson. Let me just ask you one quick question here. Have you had discussions with the authorizing committee about this? Have you approached them about legislation in this area? Mr. Larson. Legislation isn't required. It is an administrative action that can be taken without any change in the law. But, no, I haven't talked with the committee. The reason that I am testifying here this year is that I did so last year because of concerns about ATF changing the curio or relic definition. These firearms fell under that, and the Collectors Arms Dealers Association asked me to do so again this year. Mr. Kolbe. All right. Thank you very much. I appreciate your testimony. [Clerk's Note. Due to the volume of additional background information provided by the witness, these documents are being maintained in the Subcommittee's official files.] [The prepared statement of Mr. Larson follows:] [Pages 19 - 139--The official Committee record contains additional material here.] Tuesday, April 8, 1997. WITNESS HON. CHRISTOPHER SHAYS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CONNECTICUT Mr. Kolbe. We will go back and take Mr. Shays, Chris Shays of Connecticut. Mr. Shays. Thank you, Mr. Chairman. Mr. Kolbe. Good morning. Mr. Shays. Good morning. Mr. Chairman, first, it is great to see you in this position taking care of our government's expenditures in the Treasury, Postal Appropriations Subcommittee; and I am here to request support for the Federal Election Commission's, the FEC's, request for the $34.2 million appropriation in your fiscal year 1998 budget. This includes the $29.3 million that was their original request, plus their additional request of $4.9 million. I am also here to request that you appropriate $1.7 million in the supplementary appropriation for fiscal year 1997. Mr. Chairman, I am a strong fiscal conservative. I usually show up in the top 10 of the Taxpayers Association and other organizations that tend to see what our fiscal policy is and our votes are. But I am absolutely convinced, as is my colleague, Marty Meehan, who has--who I am working with in the companion bill to the McCain-Feingold bill in the Senate--Marty Meehan who is not here today. His first three paragraphs say, Mr. Chairman, I want to deliver two simple messages today. First, our election laws must be enforced; and, second, in order for that to happen the Federal Elections Commission must be fully funded. We have a meltdown in our election system. We literally have a meltdown. And we have a system where the participants, elected officials, those seeking office, know that by the time people determine their wrongdoing the election will be well passed. It might be months later, it might be years later, and then the impact of a fine, the impact of even something more serious, has no impact. Because they know by the time it is discovered they may already have been elected, and it is a story in the back page. The FEC needs the money to properly investigate on a timely basis and hold people accountable on a timely basis, or else the election laws we have simply become a joke. And frankly, we who are advocating reform of the election laws have to acknowledge something, and that is not only do we need to change the law, but we need to enforce the laws that exist. And those who oppose reform point out that, hell, we are just not even following the laws that exist. Let's at least do that. Well, frankly, let's at least do that by funding the FEC, giving them the money they need to do their job, giving them the money to do the proper investigation and to properly hold people who aren't abiding by the law accountable. Mr. Kolbe. Thank you, Mr. Shays. Mr. Shays. I would just say that I do have a full statement which I would like in the record. I know Marty Meehan has a statement as well, and I was to be joined by Marge Roukema and Mr. Barrett. Both of them are in transit, so they just wanted me to relay their support. Mr. Kolbe. Thank you for telling me then that neither Mr. Meehan nor Mr. Barrett are going to be here this morning. Mr. Shays. Nor Ms. Roukema as well. Mr. Kolbe. We didn't have Ms. Roukema on the list today anyhow. I appreciate the testimony. Do you have their statements as well? Mr. Shays. I think Marty Meehan was submitted. Mr. Kolbe. We already have the statements. Mr. Shays. Are you all set? Mr. Kolbe. Yes, we are. I appreciate you coming and testifying on this issue. As you know, we have had the FEC before us and have had some discussion with them about their workload and about how they are allocating their resources. I very much appreciate the issues that you have raised, and I quite agree that given what has happened in this last election, there is certainly going to be a real need to give adequate resources to the FEC to cover all the investigations. Mr. Shays. Can I make one final point? Mr. Kolbe. Yes, of course. Mr. Shays. This wasn't my idea, but I would like to adopt it as my idea. It was pointed out by one commentator, he said, let me get it straight, Congress. You don't fully fund the FEC, and people basically skirt the law and break the law, and then you spend $10 million to investigate why people have broken the law. Wouldn't it be better to put the money up front, enforce the law, than to have to come after the fact, spend the same amount of money to investigate why people didn't follow the law? And I think that commentator is right on target. Mr. Kolbe. I appreciate that thought and that testimony. Mr. Shays. Thank you. Mr. Kolbe. Thank you very much, Mr. Shays. [The prepared statement of Congressman Shays follows:] [Pages 142 - 144--The official Committee record contains additional material here.] Tuesday, April 8, 1997. U.S. CUSTOMS SERVICE RELATED MATTERS WITNESS ROBERT F. REITER, ANALYTICAL SYSTEMS ENGINEERING CORPORATION Mr. Kolbe. Maxine Waters is not here. Ms. Maloney is not here yet. Let me ask--we are well ahead of schedule here, which is very unusual in congressional testimony--if we have Mr. Reiter, Robert Reiter, from Customs here? Mr. Reiter. Mr. Reiter. Good morning. Mr. Kolbe. Good morning. Mr. Reiter. I need to correct you slightly. I am not with Customs. I am here to talk about---- Mr. Kolbe. I am sorry. Not with Customs. I was looking under my topic, talking about an issue on Customs. Mr. Reiter. I don't want to give anybody the wrong idea. Mr. Kolbe. Thank you. This is the day for outside witnesses. I knew you were not with Customs. Mr. Reiter. Thank you. Mr. Kolbe. Thank you. You are with Analytical Systems Engineering Corporation. Mr. Reiter. Yes, thank you. I would like to talk about cost-effectiveness analyses for nonintrusive inspection systems at ports of entry. The use of high-technology systems for detecting illegal drugs, explosives and other contraband is necessary to effectively pursue the goal of keeping these materials out of the United States. However, these systems are expensive to buy, maintain and operate. Therefore, intelligent acquisition decisions must include assessments of the cost-effectiveness of such systems. Cost-effectiveness in this situation does not mean should we buy any or should we buy none, but rather which are the most effective at finding illegal substances? There was a recent study completed by ONDCP, I think was reported to this subcommittee, that evaluated just such cost- effectiveness issues. To summarize their results, for ports, seaports, they recommended automated targeting systems as the highest priority; high-energy imaging X-rays as the next priority; and Pulse Fast Neutron Analysis as their third priority, assuming that technology can ever reach a fielding point. For border crossings, they recommended automated targeting systems, high-energy X-ray, low-energy X-ray and Pulse Fast Neutron Analysis. However, the recommendations of ONDCP have only partly been followed. An automated targeting system program is in progress, and there is an initial deployment at Long Beach, I believe it is. And several low-energy X-ray systems have been deployed; however, no high-energy X-ray systems have been deployed. High-energy imaging X-ray systems have been tested by the United States Government and found to be extremely effective in detection of illegal substances, with a rate of over 92 percent correct. They are currently in use in seven locations overseas, indicating, I believe, acceptance by a number of Customs services and governments as being effective. The criticisms of high-energy systems have been in the past, number one, they are too expensive; number two, they take up too much space; and, number three, they are too dangerous to use. Technology has advanced. Engineering designs have changed. As a result, the costs have been significantly reduced. The amount of land required has been significantly reduced, and I personally disagree that they were never too safe--too unsafe to use. Using the results from the ONDCP study, based on tests done at Otay Mesa, California, using low-energy X-ray, and Tacoma, using high-energy X-ray, I have done a quick cost-effectiveness analysis for you using the data that is in that report, looking at a 2-, 3-, 5- and 7-year period of operation, and specifically looking at finding drugs. The results of this analysis are that at the 3-year period, the high-energy imaging X-ray effectiveness offsets the increased initial acquisition costs and operations costs, and by the 7-year period they are more than--they are six times as effective. In spite of this data, there are questions that still remain that continually are asked: What is the true cost and effectiveness of these kinds of systems? How do we establish a nonbiased way of evaluating these systems? What are the detailed specific expective results in drug reduction and cost of savings associated with the drug reductions? And can high- energy systems be as effective at border crossings as they can at ports? While we are debating this in the United States, systems have been deployed at ports, border crossings, rail lines and airports, in England, France, Germany, China and Qatar. High- energy systems are also being considered in Saudia Arabia, Abu Dhabi, Dubai, Malaysia, South Africa and South Korea. The only known low-energy X-ray site outside of the United States is a border crossing in Abu Dhabi. Based on this data, collected and evaluated by the United States Government, high-energy X-ray systems are a cost- effective and highly efficient method of detecting illegal drugs into the United States. Why haven't they been implemented and integrated into our drug-fighting strategy? In order to resolve these issues and make recommendations based on cost-effectiveness, I would like to ask or suggest that a panel or group be chartered to review completed tests and analyses, to evaluate current claims, and to recommend cost-effective solutions to this subcommittee for the nondestructive inspection of containers, trucks, cars, etcetera, into the United States for detecting illegal substances. I also believe this panel should be representative of the cross-section of technologies and include industry as well as the United States Government. One final recommendation I would like to make is that it not be under the specific control of the United States Customs Service. Thank you for your time. [The prepared statement of Mr. Reiter follows:] [Pages 147 - 149--The official Committee record contains additional material here.] Mr. Kolbe. Mr. Reiter, thank you very much. We were just 2 weeks ago on the border at Otay Mesa and also over in Nogales where they are testing a gamma ray, portable gamma ray unit, which would--that would also be low-energy, I believe; is that right? Mr. Reiter. Yes, sir. Mr. Kolbe. And we are certainly very impressed with what we are seeing. But this subcommittee has agreed with you in urging the Customs to move faster in their deployment--development and deployment of the high-energy systems. We agree with you that they are--they are safe, that they certainly have--that they are very effective. I think that is the bottom line. They really work. They are very, very effective. So your testimony will be very helpful to us, and we will take that under advisement as to how we will proceed to get our Federal agencies, Customs in particular, to move faster in this field. Mr. Reiter. Thank you, sir. Mr. Kolbe. Thank you very much. We are going to go ahead here and proceed. I am trying to get somebody to sit in the chair for me. I have a group that I need to meet with for just a couple of moments. Since we are running a little ahead, we will have a recess at the appropriate moment, but they are not here yet. ---------- Tuesday, April 8, 1997. FEDERAL EMPLOYEE RELATED MATTERS WITNESSES BOB TOBIAS, NATIONAL TREASURY EMPLOYEES UNION JIM CUNNINGHAM, NATIONAL FEDERATION OF FEDERAL EMPLOYEES DAVID SCHLEIN, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES Mr. Kolbe. Bob Tobias is here with National Treasury Employees Union. Bob, we will take you at this time. Thank you. Mr. Tobias. Thank you, Mr. Chairman, and good morning. Mr. Kolbe. Good morning. Mr. Tobias. We really appreciate the opportunity to talk about the Internal Revenue Service and the Customs Service appropriations. These two agencies are key to this country's financial well-being. First, the IRS, we believe the President's proposal is a bare bones proposal. It does not provide the funds to significantly enhance the IRS's ability to provide the level of customer service that I believe is needed. A planned 60 percent level of access for 1998 is not enough. The compliant American taxpayer deserves a better than 6 in 10 chance to reach the IRS to have a question answered. Compliant American taxpayers deserve a faster refund than 40 days when they file a paper return. More funds solve both of these problems. The compliant American taxpayers also deserve a far more vigorous compliance effort by the IRS. The people who earn wages are 95 percent compliant. 75 percent of the taxpayers take the standard deduction. These people are compliant. They pay their taxes timely, and they have a reasonable expectation that those who don't pay their taxes will be made to pay. That belief is at the heart of our voluntary tax-compliant system. Yet we have a tax compliance gap, which was last calculated in 1992 at $129 billion, $22 billion more than the deficit of $107 billion last year. The largest group of noncompliant taxpayers are sole proprietors, 29.2 billion; and the next largest are large corporations, 23.7 billion. Congress conducted an experiment in 1995 which proved IRS could reduce the noncompliant population and increase revenue for deficit reduction. Congress appropriated the revenue. The IRS increased its enforcement efforts. The IRS promised 300 million marginal return as a result of its first-year efforts, but actually returned over 800 million. Those who pay their taxes deserve to have those who don't pay pursued. And, Mr. Chairman, NTEU believes that Congress is responsible for allocating sufficient funds to enable the IRS to do the job compliant taxpayers expect and deserve. We also urge, Mr. Chairman, that the IRS be directed to stop its proposed reduction in force which will have a very bad impact on taxpayers. For example, the IRS imposes liens on taxpayer property, and they will not be released as timely. Interest cost to taxpayers will be increased because cases will not be processed as timely. Taxpayers will not receive as timely a notification that their case is closed, making them a target for continued unwarranted notices of deficiencies. There will be significantly less experienced problem resolution personnel. There will be fewer people performing taxpayer outreach efforts, and less assistance will be provided to those who want to file their returns electronically. As you know, Mr. Chairman, based on the report IRS submitted to you, they plan to perform the work of 2,371 experienced employees with 1,312 inexperienced employees, and no plan exists today concerning how the work will be accomplished with these fewer employees. The IRS plan, if allowed to be implemented, will harm the credibility of the IRS with those it needs most: compliant taxpayers and those seeking to be compliant. We urge that the proposed RIF be cancelled and that the $97 million IRS has not spent in fiscal year 1997, because of the cancelled TSM program and a cancelled RIF among IRS personnel, be reprogrammed to front-line taxpayer services and enforcement work. Finally, Mr. Chairman, I would like to briefly mention the U.S. Customs Service. The Customs Service is the first line of defense with respect to drug interdiction and ensuring compliance with U.S. trade laws. The Customs Service is seizing more drugs, discovering more discrepancies in claimed value of goods coming into the United States than ever before. The Customs Service is doing a terrific job byany measure, yet those who perform the work in the Customs Service, inspectors and canine enforcement officers, do not have law enforcement status. They carry weapons, effect arrests, detain prisoners, get shot at, yet they are not classified as law enforcement officers. We believe, Mr. Chairman, that this injustice should be changed. Thank you for allowing me to testify, and I will be very pleased to answer any questions you might have. [The prepared statement of Mr. Tobias follows:] [Pages 153 - 168--The official Committee record contains additional material here.] Mr. Kolbe. Thank you very much, Mr. Tobias. I appreciate particularly the statement in your submitted testimony where you pledge your support to this subcommittee to work with us to try to bring about a reorganization of the IRS that will work to benefit both the taxpayer, as well as the compliant taxpayer, and get after the noncompliant taxpayer, and we certainly appreciate the support that you have given us. We have been talking, as you know, with the IRS about the reduction in force, and this is one of the issues that this subcommittee has dealt with as to how much more effort we are going to put into customer service and how we can reallocate these resources. So I think your testimony as a front-line-- representing the front-line workers is very important and very helpful to us, and we appreciate it. Mr. Tobias. Thank you. Mr. Kolbe. Thank you very much, Mr. Tobias. ---------- -- -------- Tuesday, April 8, 1997. WITNESS HON. MAXINE WATERS, A REPRESENTATIVE FROM THE STATE OF CALIFORNIA Mr. Kolbe. We will go back now and take the Honorable Maxine Waters from California. Maxine. Ms. Waters. Thank you very much. Mr. Chairman and Members, I really do appreciate the opportunity to appear before the subcommittee today. I have written testimony that if, in fact, I can submit it, I will do that. Mr. Kolbe. Yes. Ms. Waters. But let me just try and communicate to you the very real concern of the Congressional Black Caucus. We have made our number one priority the eradication of drugs in our society, and we are working very closely with our drug czar and with the White House to support efforts to really get at dealing with the drug problem. The budget that you must consider for them, for the Office of National Drug Control Policy, is a budget that basically must support the staff. In addition to that, we are interested in the media campaign and the High-Intensity Drug Trafficking Areas program. Now, in two of those areas, I think the staff in the High-Intensity Drug Trafficking Areas program, they are not really asking for increases, but they are asking to be able to maintain their effort. The increase really does come with the media effort. The idea that we focus a lot of attention through the print and electronic media directed at our young people to, basically, try and send home the message that drugs are dangerous and that they cannot be involved in drugs is a very important effort that must be made. They are proposing, I believe, about $175 million, and it is based on a careful reading of the experience of advertisers which indicates that to advance a specific message, a media campaign must provide a minimum of four exposures per week, reaching 90 percent of the target audience. We believe that using the right kind of consultants, putting together the right kind of program and the right images, be it athletes, entertainers, CEOs, it does not matter, if they put together the right message, we believe that it can be very, very effective in getting at the drug problem that confronts this Nation, and particularly getting at the problem of our young people, who increasingly appear to be involved in drugs. So we are here, basically, to send the message that the Congressional Black Caucus believes that it is very important to fund the drug czar and the efforts that are identified in the President's budget, and that we will be supporting these efforts each step of the way and working with the White House and others in a bipartisan effort to try and get something done. [The prepared statement of Congresswoman Waters follows:] [Pages 171 - 173--The official Committee record contains additional material here.] Mr. Kolbe. Thank you very much, Mrs. Waters. I really appreciate your testimony. I couldn't agree more with you about the need to really tackle the drug problem. No group in our society is more devastated than blacks and other minorities in the inner cities, by drugs and what they have done to our society. And we really, as a Nation, need to face up to this and do something about it. And I am really appreciative that the Black Caucus has decided to tackle this as a number one issue. We have been talking obviously with ONDCP, as well as the other agencies that come under our jurisdiction that have responsibility in this area, about how we can best allocate the resources, and we have had discussions with General McCaffrey about the advertising campaign that is being proposed. We want to make sure it is done and done in a thoughtful way and in a way that will really have an impact, and I am sure that you would agree with that. Ms. Waters. I certainly do, and what I hope is that the drug czar will allow for a lot of input from the Members and others who have ideas. We want to make sure that we don't fritter away dollars, but the dollars are targeted, they are well spent, with the right kind of images that will connect. And I think we all have a responsibility to just get in there and work with them and make sure that they spend these dollars in the most cost-effective way. Mr. Kolbe. Thank you. I quite agree. Ms. Waters. You are welcome. Mr. Kolbe. Thank you very much for testifying, Mrs. Waters. Thank you. Mrs. Maloney is not here, and we are still now 20 minutes ahead of schedule, so I don't feel badly about taking a couple of minutes to recess here to meet with a group that I need to just say hello to for a few minutes. We will resume in about 5 or 10 minutes here. Thank you. [Brief recess.] ---------- Tuesday, April 8, 1997. WITNESS JIM CUNNINGHAM, NATIONAL FEDERATION OF FEDERAL EMPLOYEES Mr. Kolbe. The subcommittee will resume here. Is Mr. Jim Cunningham here? Mr. Cunningham of the National Federation of Federal Employees. Go ahead, please. Mr. Cunningham. Good morning, Mr. Chairman. I am Jim Cunningham, President of the National Federation of Federal Employees. On behalf of the 150,000 Federal employees represented by NFFE, I am pleased to be here with you this morning to present our views on Federal employee pay and the current state of affairs at the General Services Administration. The President's fiscal year 1998 budget contains only a 2.8 percent pay adjustment for Federal employees. This is unacceptable to the members of NFFE. This minimal adjustment is far short of the 6.6 percent pay adjustment that employees should be receiving under the provisions of the 1990 Federal Employees Pay Comparability Act, FEPCA. Not only has the failure of the administration and Congress to provide the full pay adjustments called for by FEPCA inflicted severe financial hardship on Federal employees, but by consistently underfunding the raises mandated by FEPCA, the administration and Congress are endangering the future ability of the Federal Government to provide citizens with high-quality service and assistance they have come to expect. NFFE maintains that Federal employees should receive fully funded locality pay raises and national comparability increases. Over the past 14 years, Federal employees have shouldered a disproportionate share of the cost of deficit reduction. Through cuts in Federal pay and benefits, the Federal work force has contributed more than $200 billion to deficit reduction since 1981. NFFE is aware that in order to fund full pay raises for Federal employees, Congress is required to find offsetting cuts for these expenditures. NFFE asserts that the solution to the dual concerns of Federal pay comparability and deficit reduction lies in reducing the level of contracting out. At a time when the structure and size of the Federal work force is being reformed, a similar reform effort should be aimed at Federal contracting out practices. Specifically, NFFE urges this subcommittee to adopt the provisions of H.R. 886, which would cut $5.7 billion from agency service contracting funds and make the money available for pay raises that are due Federal employees in 1998. NFFE believes that the adoption of H.R. 886 provisions would correct the injustices of requiring Federal workers to give up part of their statutory pay increases, while contract employees, who are paid from the same coffers, remain untouched. I would like to address the situation at the General Services Administration. Currently, the GSA is attempting to contract out many of its functions to the private sector. GSA is taking this action despite numerous studies that have clearly shown that the current employees can perform their duties at a lower cost than private sector contractors. For example, GSA was unable to implement a pilot project utilizing private sector leasing contractors in Philadelphia because it found the cost for performing identical functions increased significantly under the private sector contractors. In light of this evidence, NFFE is concerned that this contracting out effort is not being driven by a desire to lower GSA cost, but rather by the desire of the administration to cut Federal jobs in order to meet their arbitrary downsizing goals. In fact, the chart included in my written testimony from GSA's fiscal year 1998 budget clearly shows that over the last 5 years, GSA's budget has dramatically increased, while at the same time, its FTE level has plummeted. Specifically, GSA's fiscal year 1998 budget calls for a record low number of 14,403 FTEs, and this is a decline of 5,845 FTEs or a 28.9 percent decrease since fiscal year 1993. Obviously, if the costs are increasing while the work force is declining, budgetary citings are not driving the substantial staff reductions. In fact, according to NFFE's GSA counsel, GSA is about to award a contract that is intended to augment this existing staff while it continues to encourage its Federal employee work force to accept separation incentives. Ironically, GSA justifies this course of action by stating that its self-imposed hiring freeze prevents it from hiring additional workers. In light of this information, NFFE urges the subcommittee to carefully examine GSA's operation and contracting out proposals. The Congress and taxpayers need to be sure that the administration is pursuing a rational, cost-effective reorganization plan, and not haphazardly slashing Federal jobs and opening the door for private sector contractors to overcharge the American public in a frenzied effort to meet downsizing targets. Before I conclude, I would like to address one final item. Recently, NFFE's GSA counsel learned that GSA management had unilaterally suspended the labor management partnership that had been in place between NFFE and GSA since October 15, 1993. As disturbing as that decision was, even as disturbing to NFFE was the manner in which our GSA counsel learned of this decision. Our locals were not notified of this decision directly by GSA management, but, rather, they had to find out about it from a letter GSA sent to Senator Mikulski. In fact, the relationship between NFFE and GSA has deteriorated almost to the point of complete communications breakdown. There is no union involvement or input in any decisions regarding reform of GSA business practices and adequate notification of proposed personnel moves and reassignments and no respect for the statutory rights of GSA employee unions. In spite of this breakdown, NFFE's GSA counsel remains willing to work with GSA management in an effort to reform GSA operations. However, the relationships will only function if GSA management is open and honest with its partners. NFFE urges the subcommittee to take whatever action it can to help reestablish the partnership agreement and end the contracting out practices. I thank you very much for this opportunity to give my testimony. Thank you. Mr. Kolbe. Thank you very much, Mr. Cunningham. We appreciate the testimony of your organization. We will certainly be taking that into consideration here. Thank you. Mr. Cunningham. Thank you. [The prepared statement of Mr. Cunningham follows:] [Pages 177 - 191--The official Committee record contains additional material here.] Tuesday, April 8, 1997. WITNESS DAVID SCHLEIN, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES Mr. Kolbe. David Schlein, AFG. Please go ahead. Mr. Schlein. Thank you, Mr. Chairman. My name is David Schlein. I am the national Vice President with the American Federation of Government Employees, which represents 700,000 Federal and D.C. Government workers. I appreciate this opportunity to share our views with the subcommittee, and we look forward to establishing a cordial and productive relationship with you, Mr. Chairman. Mr. Kolbe. Thank you. Mr. Schlein. I will address two topics today, Federal Employee Union busting and fair compensation for government workers. H.R. 986, introduced recently, would effectively outlaw Federal employee unions at all agencies, and deprive the working and middle-class Americans who make up the Federal work force of effective representation in their offices and plants. Although this bill has been referred to the Government Reform and Oversight Committee, I raise this issue here because the bill is an outgrowth of last year's unsuccessful effort to use the Labor-HHS appropriations bill to bust Federal employee unions and the Social Security Administration and the Health Care Financing Administration, an effort which could be mounted again this year. AFG strongly opposes this legislation, and we would naturally oppose any amendments to the Treasury, Postal appropriations bill, which resembles H.R. 986. Official time is used by Federal employee union representatives to fulfill statutory obligations to members and nonmembers alike. That is, Federal employees, who arealso union representatives, can use official time to engage in negotiations and representation while on duty status; that is, on the clock. H.R. 986 would bust Federal employee unions by so greatly restricting the use of official time as to all but eliminate it. This actually is a complicated issue, Mr. Chairman, one not easily reduced to tiny sound bites. By law, representatives of Federal employee unions can use official time only for those activities which are reasonable, necessary, and in the public interest, such as negotiating collective bargaining agreements, handling employee grievances, conducting and receiving training, and working with management to improve the delivery of services. However, any activities performed by an employee relating to the internal business of the labor organization must be performed while in a nonduty status. This includes solicitation of membership, elections of officers and collection of dues. Contrary to much misinformation that is circulating, Federal employee representatives are also forbidden to use official time for any partisan political activities. Official time is necessary because Federal employee unions are required to represent all employees in their bargaining units, even those who don't pay dues. Federal employee unions have been forbidden to charge fees for the services they are legally obligated to provide to nonmembers. In exchange for being saddled with these additional responsibilities, the Civil Service Reform Act of 1978 allowed Federal employee unions to bargain with agencies over official time. Of course, official time is not restricted to the Federal sector. Many private sector companies pay their employees official time for official union activities during the work day, including General Motors, Ford, Chrysler, Inland Steel and Armco Steel. Official time is also used by State and local levels of government. Official time is used to make the delivery of services to the American people more effective, more efficient, and more reliable. Emulating the example of enlightened private sector firms like Saturn, Corning Glass and Harley Davidson, the President issued an executive order in 1993 that established a cooperative relationship between managers and rank and file Federal employees, often referred to as partnerships. Managers can now finally take into account the expertise and experience of those resourceful men and women working on the front lines of the Federal Government when making important workplace decisions. Partnerships between labor and management are a practical, bottom-line approach to the public's demand for better, more effective, more efficient and less expensive government. This embryonic attempt at reinventing the government through partnership would be nipped in the bud if anti-official time legislation is passed. Official time is also used to improve labor management relationships and preclude the need for costly unnecessary litigation. Mr. Kolbe. Mr. Schlein, let me interrupt you. You are on the top of page 4 of an 18-page statement here. Mr. Schlein. I have it summarized here. Mr. Kolbe. Well, you have been going through it word by word so far, and we are going to have to wrap it up in about 2 minutes. Mr. Schlein. Thank you. Finally, official time is used to ensure the effective representation of Federal employees and their offices and plants. Union representatives also use official time to ensure that members and nonmembers alike are effectively represented in the workplace, whether it is representing a few of the employees in their bargaining units, even those who don't pay dues, through the grievance process, are all of the employees, again, even those who don't pay dues, through the collective bargaining process. The loss of official time would smash and bash Federal employees unions with a one- two punch. Again, AFG urges the members of the subcommittee to oppose any legislation that would eliminate official time in all Federal agencies, as H.R. 986 does. Needless to say, Mr. Chairman, this will be a most important issue for AFG throughout the 105th Congress. I would now like to turn your attention to Federal pay. Under the Federal Employees Pay Comparability Act, all general schedule Federal employees should receive a 2.8 percent raise based on documented increases and the cost of labor nationwide as determined by the Employment Cost Index. The President's fiscal year 1998 budget is consistent in that it provides for a 2.8 percent nationwide adjustment. A further salary increase is due to Federal employees because of measured gaps between Federal and non-Federal pay on a local basis. For 1998, the law authorizes three-fifths or 60 percent of the target gap, which would require a 14.3 percent average locality increase. However, the fiscal year 1998 budget proposes no locality raises. Following passage of FEPCA in 1990, many thought that the pay increases due Federal white collar workers would no longer be cut back or held up by the President and/or the Congress. After all, a careful, painstaking and bipartisan reform of the pay system, 2 years in the making, has been accomplished by the Democratic-controlled Congress. Under FEPCA, the pay rates would be based on comparability with those found in the private sector, and raises would consist of both nationwide and locality components. The result of the past few years of low balling on Federal pay increases is that the effort to close the pay gap with a non-Federal economy is lagging. Mr. Kolbe. We have gone almost twice the normal time. The full statement will be placed in the record, and if you would like to make a closing, I don't want to cut you off in the middle of a sentence. Mr. Schlein. Well, basically, as you know, we believe FEPCA is very important to the future of the Federal service, and we hope that your committee will look at providing the full pay raises in the full amount under FEPCA. Thank you very much. Mr. Kolbe. We appreciate your comments with regard to the pay raises, also with regard to H.R. 986. Let me just say that whatever the personal views of this Member or other Members have been, that has not been a part of our appropriations bill in the past, and I have no reason to think any of that would be in our appropriation bill this time. Mr. Schlein. Great. Mr. Kolbe. Thank you very much. [The prepared statement of Mr. Schlein follows:] [Pages 195 - 218--The official Committee record contains additional material here.] Tuesday, April 8, 1997. GENERAL SERVICES ADMINISTRATION RELATED MATTERS WITNESSES BERNARD H. BERNE, M.D., PH.D. WILLIAM BURKE, INTERNATIONAL WINDOW FILM ASSOCIATION Mr. Kolbe. We are going to turn to some people talking about General Services Administration. Dr. Berne. Dr. Berne. Good morning, Mr. Chairman. Mr. Kolbe. Good morning. Dr. Berne. I am a resident of Arlington, Virginia. I serve the Food and Drug Administration as a medical officer who reviews medical device approval applications. I am testifying as a private individual. I am not on official time. GSA is planning to consolidate most of the FDA at the former White Oak Naval Surface Warfare Center in Montgomery County, Maryland. This is a very poor location for a Federal headquarters facility. This location will cause me and other FDA employees a hardship. Metrorail is 3 miles away. Buses run infrequently to the site. The nearby beltway and other roads are already congested. This is one mile outside the beltway. FDA and GSA are planning a country club in the White Oaks affluent suburbs. FDA's 130-acre campus will have a visitors' center and other amenities. Adjacent Federal property will contain a public golf course and a woodland. Congress must stop this extravaganza. The 104th Congress wisely rescinded funding for the Montgomery County phase of the FDA consolidation. There are no funds available to proceed with the project at this time, except for those that GSA has diverted from other projects. I work in an excellent building, which is only about 10 years old. I see no reason to build an expensive new facility when Congress is trying to balance the budget. Some FDA units occupy older buildings. However, most of these are already moving to a new facility in College Park, Maryland. The administration has not requested any funding for the consolidation in the fiscal year 1998 budget. In addition, the project presently lacks an approved prospectus. President Jimmy Carter's Executive Order 12072 requires Federal facilities and the Federal use of space in urban areas to serve to strengthen the Nation's cities and make them attractive places to live and work. The Executive Order requires Federal agencies to economize on their use of space. FDA's 130-acre campus does not economize on the use of space. Last year, President Clinton issued Executive Order 13006, which states, ``The administration reaffirms the commitment set forth in Executive Order 12072 to strengthen our Nation's cities by encouraging the location of Federal facilities in our central cities.'' White Oak is not in any city, and it is certainly not in any central city. It is certainly not in Washington, D.C. Congress should not fund projects that violate Executive Orders. The Southeast Federal Center in downtown Washington, D.C., is now available for a major Federal headquarters facility. Adjacent to it is the Metro station, and it is close to the Capitol building. The Southeast Federal Center is ideal for FDA's facility. You may have seen this discussed in yesterday's Washington Post in the Business Weekly. Unlike affluent White Oak, southeast D.C. urgently needs redevelopment. The consolidation at Southeast Federal Center could revitalize a decaying neighborhood that is not far from the Capitol building, Maryland, and Virginia. The consolidation can help President Clinton's plan to revitalize D.C's failing economy. Part of Clinton's plan is that federal workers should not be leaving the District of Columbia. The entire FDA consolidation, which is in several places, is actually removing 1,000 workers from the District of Columbia. The Southeast Federal Center does not have 130 acres and a nearby golf course. However, the FDA does not need 130 acres and a golf course. It can occupy high-rise buildings on a smaller site. Two Executive Orders require GSA and FDA to give the Southeast Federal Center preference over the White Oak site. However, because of past actions by conference committees on appropriations, GSA and FDA refuse to evaluate the Southeast Federal Center and continue to look at White Oak. I therefore ask your committee to take the following four actions: Number one, please do not appropriate any funds to support an FDA consolidation at White Oak. These issues generally start in the Senate, from the Maryland delegation. Please appropriate $5 million for a GSA study of a major FDA consolidation in the District of Columbia, with an initial focus on the Southeast Federal Center. I am just asking for $5 million so they will change their direction. That is the main purpose of this and the only purpose. I don't want it built at this time until we balance the budget. Please ask GSA to appraise the value of the White Oak site. A sale of the site can help fund an FDA consolidation elsewhere. It would also support the Navy Base Closure Act, which was really designed to close bases and save the government money, not to convert them to something else which is not really appropriate on that site. It was a Navy base, which required weapons facilities and large open spaces, but this doesn't. Please do not appropriate any funds to prepare or acquire any site for any part of the FDA consolidation until a prospectus for the entire consolidation is approved in accordance with the provisions of the Public Buildings Act of 1959. This involves the Transportation and Infrastructure Committee. This project has no prospectus, and, in the past, it was approved without a prospectus. But with a provision put in the law, you didn't need a prospectus. The rescission, however, removed that. That was one of the biggest things about the rescission, that it took away the projects that didn't have prospectuses. This has no prospectus. They shouldn't be preparing to build on anything that isn't in the District. [The prepared statement of Dr. Berne follows:] [Pages 221 - --The official Committee record contains additional material here.] Mr. Kolbe. Thank you very much, Dr. Berne. We appreciate your testimony. As you probably know, this year's budget does not have any request for anything to consolidate at White Oak Naval. Dr. Berne. It comes out of the Senate, generally. Mr. Kolbe. I understand that. We certainly appreciate you alerting us to that. ---------- Tuesday, April 8, 1997. WITNESS WILLIAM BURKE, THE INTERNATIONAL WINDOW FILM ASSOCIATION We will go to William Burke of the International Window Film Association. Go ahead, please. Mr. Burke. Thank you, Mr. Chairman, for allowing me to present testimony on behalf of the International Window Film Association pertaining to the Treasury, Postal Subcommittee consideration for the fiscal year 1998 General Services Administration budget. Mr. Chairman, my name is Bill Burke, and I am an active member of the AIMCAL Window Film Committee and former Executive Director of the International Window Film Association, the IWFA. The IWFA, headquartered in Phoenix, consists of more than 1,500 members internationally, including manufacturers, distributors, professional dealers of security window film in 39 countries. Over 25,000 individuals are employed actively in the U.S. in this industry. It is essentially all mom-and-pop businesses, we might add. The Association acts as a cohesive voice for the window film industry and does not represent one brand of product, but offers training, support, maintains industry ethics and standards, encourages research and development, and functions as a conduit for information to consumers and those who have requirements. Over the past two decades, the security window film industry has interacted with various government agencies, including USIA, FEMA, the DEA, FBI, all American embassies abroad. These relationships have generated a wealth of accurate scientific evidence which demonstrates the effectiveness of window film for security purposes. I would like to briefly give you the historical background and the issue that I would like to bring to your attention today. Immediately following the bombing that occurred at the Alfred P. Murrah building in Oklahoma City, President Clinton issued a memorandum directing the GSA to upgrade all Federal facilities with minimum security standards that were outlined in a report recently completed by the Department of Justice entitled, ``Vulnerability of Federal Facilities.'' The report noted one standard was the installation of security window film. Post Oklahoma City, a number of occupant agencies of GSA properties had funding in place to upgrade the building security, including a number of day care centers located inside these facilities. Due to the GSA's desire to conduct further performance testing, funding lapsed and the proper protection was not provided. As we have stated before, we have made every effort to work with GSA and will continue to do so in order to develop the appropriate protection for glass on government buildings. Because we represent the industry, as opposed to onemanufacturer, the window film industry has gathered information from a variety of sources globally and has the ability to provide access to a variety of experts on the testing and studies that have been conducted on security window film in the past. One year after the President issued his memorandum on security upgrades, your subcommittee and your companion subcommittee in the Senate stepped in and included language in the fiscal year 1997 appropriation report directing GSA to develop a budget and a plan to protect government employees with the installation of security film. The language, as you know, instructed the GSA to submit this plan, along with the President's fiscal year 1998 budget submission. This is still pending. Mr. Chairman, there have been several studies conducted by the State Department, Department of Justice, Corps of Engineers, FBI, the Department of Navy, all recommending the use of window film as a cost-efficient and viable security device that saves lives. The most recent study was conducted in the wake of the Khobar Towers bombing in Saudi Arabia in which 19 American servicemen were killed, and 500 others injured. The study conducted by the Department of Defense entitled, ``The Downing Report,'' notes that the security experts had recommended 5 months before the bombing that the apartments at the Khobar Towers be coated with security window film, what they referred to as Mylar coating, which is just a brand of base film, to minimize the shattering that occurs from blasts. This was never done, and it was concluded that blast shards was the major factor in 12 of the 19 deaths. In conclusion, Mr. Chairman, I hope you and the members of the subcommittee will assist in expediting the upgrade of security of buildings that house government employees as directed by Congress and the administration. President Clinton issued his memorandum directing GSA to begin this activity in June of 1995. We believe that these minimum security upgrades should be adhered to immediately to protect the lives of government employees. I urge you to help expedite the GSA's development of the budget and the plan for security film as outlined in your fiscal year 1997 appropriations report. Further, I urge Congress to begin to provide funding for this year for this very important safety measure. Thank you very much for providing me with this time, and if there is anything I can answer, I would be delighted to do so, sir. Mr. Kolbe. Thank you very much, Mr. Burke. I think you have given us some very interesting testimony on an issue which I was not aware of before, so I appreciate you bringing it to our attention. It is certainly one of the things we want to talk to GSA about, as well as the other agencies. [The prepared statement of Mr. Burke follows:] [Pages 278 - 280--The official Committee record contains additional material here.] Tuesday, April 8, 1997. INTERNAL REVENUE SERVICE RELATED MATTERS WITNESS ROBERT BYRNE, AMERICAN ASSOCIATION OF RETIRED PERSONS Mr. Kolbe. Our next individual is Mr. Robert Byrne, AARP, Tax Counseling for the Elderly. Mr. Byrne. Good morning, Mr. Chairman. On behalf of the American Association of Retired Persons, thank you for this opportunity to testify concerning appropriations next year for tax counseling for the elderly, otherwise known as the TCE program. My name is Robert Byrne, and I am a volunteer Congressional District Coordinator in AARP's Voter Education Program. The Association supports the administration's proposal to freeze TCE's appropriation next year at its current level of $3.7 million. The Association deeply appreciates the subcommittee's continued support of tax counseling for the elderly, which is targeted to low and moderate income older Americans. This cost- effective program improves taxpayer compliance measurably for the Internal Revenue Service by helping to insure that more tax returns are prepared completely and accurately. The agency reports that many taxpayers with incomes below the minimal required level needlessly file tax returns each year. This results in unnecessary costs to both the taxpayer and the Federal Government. TCE helps prevent such occurrences. TCE has enabled the IRS to assist older minorities more effectively, as well as hard-to-serve taxpayers, such as the rural elderly and shut-ins, especially those residing in nursing homes or senior citizen housing. In 1996, the program offered assistance in 25 languages, including American sign language. The AARP Foundation, a separate 501(c)(3) corporation, operates the Tax Aid Program, which is by far the largest of the TCE programs. The value of TCE has been amply demonstrated over the years and is reflected in growing demands for assistance. A report issued 4 years ago by the General Accounting Office indicates that in 1992, TCE accounted for the preparation of more than four times the number of returns prepared at IRS walk-in sites. More than 33,000 volunteers are involved in TCE services, at approximately 11,000 sites across the country. I would also like to point out that in 1996, according to IRS records, a 95 percent mathematical accuracy rate was reported. While over 1.6 million people receive tax counseling annually, and we do not have complete data for the current tax season, but we expect TCE to continue to grow in the future. There are several reasons why this is likely to happen. First, the elderly population is increasing. Secondly, the complexities of our Tax Code cause many older taxpayers particular problems in computing their tax obligations. Moreover, many older citizens are not aware of the changes made in our tax laws over the past few years. Third, the IRShas increasingly turned to TCE to provide assistance, in large part because budgetary constraints have stretched the ability of the agency to respond directly to numerous public inquiries. Volunteers are contributing over 2.8 million hours annually in direct public service to older taxpayers. When Commissioner Richardson testified before the subcommittee last month, Mr. Chairman, she reported tax counseling for the elderly along with a similar initiative, and I am quoting, ``Increased taxpayer assistance by giving taxpayers the opportunity to have direct contact at almost 20,000 sites with volunteers trained by IRS personnel. Last year, over 80,000 volunteers served almost 3.5 million taxpayers through both of these programs''. TCE volunteers are dedicated to the program, and are committed to helping others. The people they assist would otherwise be forced to pay a professional consultant to prepare their tax returns, which could result in an exorbitant cost for anyone living on the low or moderate income. Tax counseling for the elderly will continue to participate in successful IRS efforts, such as the reduced unnecessary filing initiative. In 1996, 1.8 million taxpayers were notified by the agency they may not have to file a Federal return. Three-fourths of the letters went to taxpayers who were at least 61 years old. Many of these older individuals subsequently enlisted the help of a TCE volunteer in order to confirm they did not need to file a return that year. Thank you again for this opportunity to comment on funding next year for the Tax Counseling for the Elderly Program. [The prepared statement of Mr. Byrne follows:] [Pages 283 - 290--The official Committee record contains additional material here.] Mr. Kolbe. Thank you very much, Mr. Byrne. Thank you for the testimony of the AARP on this program. It is certainly a worthwhile program, as you pointed out, and it helps us very much with tax compliance and we certainly appreciate talking about it. Mr. Byrne. Thank you. Mr. Kolbe. Thank you. ---------- Tuesday, April 8, 1997. MERIT SYSTEMS PROTECTION BOARD RELATED MATTERS WITNESS JOHN F. MARKUNS, ADMINISTRATIVE JUDGE, MERIT SYSTEMS PROTECTION BOARD PROFESSIONAL ASSOCIATION Mr. Kolbe. Judge John Markuns, Administrative Judge John Markuns, on behalf of the Merit Systems Protection Board. Mr. Markuns, please go ahead. Mr. Markuns. Thank you, Mr. Chairman. Mr. Kolbe. Again, let me just remind those who may have come in after the time I said this, full statements will be placed in the record so we can keep on track and get everybody in that has come here to testify today. Keep your testimony to 5 minutes. Thank you. Mr. Markuns. Thank you, Mr. Chairman. My name is John Markuns. I am Chairman of the Merit Systems Protection Board Association's Special Committee on Legislation. I am here representing judges that are represented by that Association, and, again, thank you very much for the opportunity to present our views before the subcommittee. We do have a written statement for the record and we ask that you please accept it. Mr. Kolbe. It will be placed in the record. Mr. Markuns. Thank you. Just to provide you with some brief background regarding our presence here today, we were here last year before Chairman Lightfoot, regarding a problem that has developed since 1993 at MSPB, which is an agency which hears and decides employee appeals of adverse actions taken against Federal employees. We also hear a wide variety of other employment-related matters. We came before the subcommittee last year because we were facing a growing backlog of cases, and mostly as a result of losing a large number of experienced judges to other agencies. The reason we lost those judges was because a pay disparity had developed between our class of judges and judges in our agencies, particularly, administrative law judges and the Social Security Administration. That presented a situation where judges are now essentially performing triage on their case loads. We are trying to keep up with the cases that we have in, and we are finding ourselves increasingly unable to do so. This year, we come before you and our backlog has increased by some 40 percent, and essentially, it is like at this point, we suggest you think of it as a rock hitting the pond, and the ripples are now starting to spread throughout the Federal system. Over two million Federal employees have the right to appeal to the Merit Systems Protection Board from adverse actions. To the extent we can't timely process our cases, it has the effect of deterring agencies from taking actions that should be taken and also discouraging employees who may have just appeals from filing those appeals with the Board. It is a problem for us, and we would ask that you take cognizance of it, and we have some solutions that we have proposed in our written testimony for your consideration. We understand that Congressman George Gekas is in the process of submitting a statement for the record, and he has been very supportive of our concerns in the past. We thought that perhaps in the last session of Congress, that Congress had come up with a potential solution to the problem that we were facing through an administrative reorganization, through the judiciary. Congressman Gekas worked very hard on that bill. At this point, we don't know where that legislation may go in this session, but we ask that the subcommittee take note of the fact that we do save money for the government when we timely process our cases. To the extent that we have the backlog that we do, it is costing the government millions of dollars in potential back pay liability and attorneys' fees. There are a number of hidden costs that inure to agencies because we are unable to do our job in a timely fashion, and we just ask that the committee perhaps consider that it is now time, finally, to afford the judges at MSPB pay equity in line with the latest group of judges, who received a pay schedule, immigration judges who are being paid the same rate. We already lost a judge to immigration in December. It is a practical problem for us. We are trying to keep our finger on the dike, but we really just ask that the committee take a look at our problem and see if they can help us. I would also point out that the Chairman of our agency, in a letter to you, pointed out that if he doesn't receive supplemental funding, that there is a possibility of a reduction in force of judges, which is only going to make matters worse from our standpoint. It is only going to encourage judges to continue to look elsewhere. We do have some concern that we are caught in the middle in this situation. We understand that last year, Congress only allotted half of the money that MSPB requested to fund its studies function and that this year, the administration or our agency, through an O&B-cleared budget, has again requested the full amount for studies, but kept the ceiling at last year's level. As a result, it looks as though we are now losing additional funds that we desperately need for our adjudications function. I just ask you take a look at the whole situation, and if you could give us some consideration, we would appreciate it. [The prepared statement of Mr. Markuns follows:] [Pages 293 - --The official Committee record contains additional material here.] Mr. Kolbe. Thank you very much, Mr. Markuns. We appreciate you calling this to our attention because it is something I was not personally familiar with. Mr. Markuns. Thank you. Mr. Kolbe. Thank you very much. ---------- Tuesday, April 8, 1997. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION RELATED MATTERS WITNESSES DAVID HOOBER, STATE ARCHIVIST/ARIZONA PAGE PUTNAM MILLER, NATIONAL COORDINATING COMMITTEE FOR THE PROMOTION OF HISTORY LESLIE ROWLANDS, PROFESSOR/UMCP Mr. Kolbe. We have several people to talk about the National Archives. First, David Hoober, a State archivist from Arizona. Welcome. Mr. Hoober. Mr. Chairman, members of the subcommittee, my name is David Hoober. I would first like to explain my attire. Apparently, my luggage bonded with my airline more than I did and it is somewhere on the Southwest system. Mr. Kolbe. That is all you needed to say. I could have loaned you a U of A championship T-shirt to wear. Mr. Hoober. I considered bringing you one but I thought you probably would have to put an addition onto your home if you got one more. I am State Archivist of Arizona, a former President of the National Association of Government Archives and Records Administrators, a former member of the Governing Council of the American Association for State and Local History, and currently that association is representative to the National Historical Publications and Record Commission, whose planning and budget committee I have chaired. I am delighted to offer testimony about the importance of the National Archives and Records Administration and the NHPRC to this committee, chaired by a fellow Arizonan, who is blessed with a keen sense of our State's history, and to a House subcommittee with an equally deep commitment to our Nation's documentary heritage. NORA and the NHPRC share complimentary missions. The National Archives preserves Federal records and the NHPRC makes grants to help archivists, records managers and others in the States' care for non-Federal records, which help tell the rest of America's history. I ask that this subcommittee provide at least the level of funding that the President has requested for NORA, and I ask that you provide more than requested in the White House budget for the NHPRC. The commission is authorized to receive up to $10 million, and it badly needs an appropriation of at least $6 million if it is to implement, even partially, its strategic plan for documenting American history. The NHPRC has strengthened that plan by giving in it a priority to two things, the research and development program and a State partnership program. Let me explain briefly why the archival community welcomes these priorities. The biggest current threat to our documentary heritage is our growing reliance on electronic record keeping systems, systems that lack sound approaches to managing the archival records in those systems. So much of our history, now and in the future, will be recorded in electronic format. The research and development projects in which the NHPRC is investing visiting will help archivists overcome obstacles to preserving and providing access to computerized records. Increased NHPRC support is essential if we are to master these technologies before we lose the important records they create. Additionally, the NHPRC State Partnership Program is helping archivists across the country save many kinds of records and provide public access to them. As partners, State historical record's advisory boards make grant contributions to meet the needs that are identified in State documentary plans. This results in efficient grant making and good decisions about which records are saved and how they are made accessible to the public. For example, the Florida regrant program, to which the NHPRC contributed only $150,000, enabled 23 archives, universities, and historical societies to improve local records programs, to provide archives and records management education and process for access, collections of historical papers already in custody, including a collection on black education at Florida A&M University. The NHPRC program, to which New York contributed $150,000 in State funds, helped 56 projects to survey and process historical records and to ensure automated access to institutions' documentary holdings. An NHPRC program in Kentucky led its State legislature to appropriate $950,000 for a comprehensive program of local records management and preservation, which subsequently continued. So far, States with regrant programs have contributed slightly more funding to them than has the NHPRC. The partnership between the commission and the States is real. I would be remiss if I did not touch briefly on the positive effect of the NHPRC in Arizona. Since 1976, 18 grants have been made to our State's archives, historical societies, universities and museums. Early grants ranged from helping guarantee preservation and access to glass plate negatives, documenting Tucson and southern Arizona, to caring for the Emory Kolb Photo and Manuscript Collection, the most complete visual record of the Grand Canyon from 1902 to 1976. Ongoing archival programs for the city of Tucson and for the Arizona State Museum, the latter being the leading Southwest repository of anthropological collections, were started with seed money from the NHPRC. The most recent grant from the NHPRC is now making possible a new strategic plan for preservation and use of historical records in Arizona. In conclusion, let me comment that an investment of just $6 to $10 million to help secure America's history will pay off in better record keeping nationwide and a better historical understanding of localities, our States, and our Nation, for generations to come. Thank you for letting me explain the value of the NHPRC partnership for those of us who are trying to preserve our history in all the States. And, Mr. Chairman, please come visit us at the State Archives sometime when you are home in Arizona. Mr. Kolbe. Thank you very much, Mr. Hoober. I will take you up on that. I have been hearing from a lot of people in Arizona that have an interest in the archive projects, and I am very interested in learning more about it, so I will take you up on that and we will make a visit. Thank you very much. I appreciate you coming all this way. I hope your luggage catches up to you before you are back in Phoenix. [The prepared statement of Mr. Hoober follows:] [Pages 327 - 332--The official Committee record contains additional material here.] Tuesday, April 8, 1997. WITNESS PAGE MILLER NATIONAL COORDINATING COMMITTEE FOR THE PROMOTION OF HISTORY Mr. Kolbe. Page Miller, National Coordinating Committee for the Promotion of History. Ms. Miller. Thank you very much. I appreciate the opportunity to be with you. I was also here for the agency hearing, and I was a witness to your friendly bet with the archivists about the basketball. Mr. Kolbe. Oh, yes. Ms. Miller. And I want to congratulate you on winning that. Mr. Kolbe. I haven't heard anything from them, yet. I thought of that a few days ago. Ms. Miller. Yes, because you are to get a steak dinner, as I recall. Mr. Kolbe. That is right. Ms. Miller. I am here on behalf of a coalition of 53 historical and archival organizations to urge you and the committee to appropriate $206 million in operating funds for the National Archives. I would like to talk about that part of the budget first. This is almost a $10 million increase over last year for the National Archives' operating budget, and we support this very strongly. The Archives has a mandate to appraise and describe and to service and preserve the records of the Federal Government, and I would like to talk about three of those components. The appraisal. The appraisal is working with the various agencies to decide which records are worthy to take to the Archives and to preserve and which should be destroyed. Only about 3 percent of what the agencies create are actually preserved and retired to the Archives. But developing the schedules that determine this 3 percent is called the appraisal, and the developing of these schedules is crucial and agencies need assistance with this. They are just about 2 dozen employees at the Archives who actually have hands-on work with agencies in determining these appraisal schedules, and we feel that they sorely need to beef up and have more people working with agencies. Agencies are eager for more guidance, particularly in this area of electronic records. A second area that is crucial is the describing of records. If you put all the records in the National Archives that are in Washington, and College Park, on a shelf, that shelf would be 240 miles long, and so we feel that describing these records so that users can actually use the finding aids is crucial. But 20 percent of the records in the National Archives do not have adequate enough descriptions so that researchers can come in and use finding aids. The Archives is in the process now of developing an electronic finding aid, and so they are transferring existing information from their finding aids into this large computerized finding aid, but for this 20 percent of the records that do not have adequate descriptions, there is nothing there to be transferred into this new electronic finding aid, so we are really concerned about this descriptive work. It is very labor intensive and that is another reason that the Archives sorely needs this $10 million increase. The third area is the servicing of records. Here I would like to talk a little bit about the State Department's central file. The central file are the cables that go back and forth between the Washington State Department and the Embassies and consulates abroad. This is heavily used by diplomatic historians, probably the richest collection in the Archives, heavily used. Now the State Department has digitized this collection, beginning in 1973, and from 1973 to the present, these are now only in digitized form. They are about to transfer next year the central file for 1973 to 1975 for the State Department to the National Archives. Now this is a watershed event for the National Archives because they receive a lot of computerized records, but this is the first time it has been a textual record, memos and cables, that had been transferred. Before it has been data sets. Now, if you go back into the Archives and you want to use records that are computerized, you generally have to buy the electronic tape, which is about $100, and then take it home and use it either at your home or at your office. There is no facility in the National Archives' central search room for the hardware and the software for using these electronic records. So when the central file arrives for the period 1973 to 1975, there is going to need to be an infusion of money for software, hardware, technical expertise, so that the diplomatic historians and others who come to use these very important State Department files will have access to them in the central search room, that they will not have to buy the electronic tape and use it at their office. I think the Archives has to in this reference and servicing area provide for the use of these records in the search room. So this is just an idea of some of the very pressing problems that certainly warrant this increase of $10 million. Now, one reason I have talked at length about this is because there is a practice, I think, of robbing Peter to pay Paul, and we are urging, as did your last witness, David Hoober, for there to be $6 million for NHPRC. And we are concerned that extra $2 million for NHPRC be on top of the President's request and not come out of the National Archives' operating budget. So we are now turning to the issue of NHPRC. I would just like to say that there are many areas of grants that are needed and people that apply to NHPRC for funds. We certainly support, as historians and archivists, the electronic records projects. The NHPRC, in the last 3 years, has funded 31 electronic records projects, and we think that should continue. But we also think it is very important they continue to fund the documentary editing projects. As I was driving over this morning, I was listening to NPR and there was a rundown on the Pulitzer prize winners, and one of the winners was Jack Rackoff, whose book on the original intent of the Constitution relied heavily on the documentary editing projects of the ratification of the Constitution and the first Federal Congress. So we hope that there will be a balanced approach to grants for NHPRC and that there will be enough money, $6 million, so that both the State programs, the documentary editing programs, and the electronic records programs can be funded. Thank you very much. Mr. Kolbe. Thank you very much, Ms. Miller, for that testimony. [The prepared statement of Ms. Miller follows:] [Pages 336 - 338--The official Committee record contains additional material here.] Tuesday, April 18, 1997. WITNESS LESLIE ROWLANDS, REPRESENTING THE ASSOCIATION FOR DOCUMENTARY EDITING Mr. Kolbe. Last in this area is Leslie Rowlands. Ms. Rowlands. Thank you very much. I am Leslie Rowlands. I teach history at the University of Maryland, and I am a documentary editor of a project that I will say a little more about as I go on. Now, since I am an historian, I want to begin with a little story from the past, and this is a story about a man named John Boston, who was a slave in Maryland, who, during the first year of the Civil War, escaped from his owner and took refuge with a regiment that had been recruited in Brooklyn, New York. As soon as he was safe, he took the occasion to write a letter to his wife, and I want to read you just a few lines from that: (Original text.) ``My Dear Wife,'' he wrote, ``it is with grate joy I take this time to let you know Whare I am i am now in Safety in the 14th Regiment of Brooklyn this Day i can Adress you thank god as a free man I had a little truble in giting away But as the lord led the Children of Isrel to the land of Canon So he led me to a land Whare fredom Will rain in spite Of earth and hell.'' After describing more about his circumstances, he then turned to personal comments. ``My Dear,'' he wrote, ``I Cant express my grate desire that i Have to See you i trust the time Will Come When We Shal meet again And if We dont met on earth We Will Meet in heven Whare Jesas ranes.'' ``rest yourself Contented i am free,'' he concluded, signing himself, ``Your Affectionate Husban,'' and then adding two postscripts, ``Kiss Daniel For me,'' and ``Give my love to Father and Mother.'' Now, this letter is part of a story that is being documented by the Freedmen and Southern Society Project, a historical editing project that I direct. John Boston's letter is one of thousands that my coeditors and I have discovered and are publishing in a multivolume edition entitled ``Freedom: A Documentary History of Emancipation,'' in 900 page volumes that look like this. Now this documentary edition, like many others, would simply never have come into existence without grants from the NHPRC, whose appropriation for fiscal year 1998 you are considering. During the initial years of our research, the NHPRC constituted our principal source of funds. Now as we transcribe, annotate, and index the documents, prepare them for publication, NHPRC grants generally constitute about one-third or less of our total budget. That is, we have used that money to generate other funds, but we could not generate that remaining support without the stable foundation that the NHPRC funds provide. In that regard, I think this is typicalof most editing projects. Since 1964, which is when the NHPRC first acquired grant- making authority, it has played an absolutely critical role in democratizing access to our Nation's documentary heritage, that is, making it available to all the American people. With really only very small appropriations from Congress, it has achieved remarkable success. To date, there are nearly 800 NHPRC volumes in print, not to mention thousands of reels of microfilm. Recent years have been especially productive, as we witness the published results of earlier investments in the very time-consuming process of locating documents in repositories and private collections across the country and abroad as well. Just from 1992 to the present, I count 117 volumes that have been published by NHPRC-sponsored documentary projects. I appended to my prepared statement a list of those volumes published since 1992. Now if funding is sustained for NHPRC, this record can easily be matched and even exceeded in coming years, as past investments reach the pay-off stage, but unfortunately, those investments are in increasing jeopardy because the NHPRC is being strangled by stagnant appropriations, and now, still worse, by a threatened 20 percent cut, if the amount proposed by the administration is granted. That $4 million recommended by the administration would return the NHPRC's appropriation to the same amount it received almost two decades ago in 1979, and in real dollars, that of course is a cut of enormous proportions. So I strongly urge you to support funding the NHPRC at the level of $6 million for fiscal year 1998. Now the impact of that $6 million would be widespread because the NHPRC-sponsored editions are bringing within reach citizens, students, and scholars nationally significant documents of the American past, of which they would not have otherwise accessed. You are probably aware of the use of these editions by scholars, and Page Miller has just cited one recent example. A vivid number that I think illustrates this results from a 1992 study that the NHPRC conducted with the American Council of Learned Societies, which found that more researchers used NHPRC-sponsored documentary editions than used all the Presidential libraries combined, and think of the Federal funds spent on the Presidential libraries. What may be less well-known to you, and what I would like to note before concluding, is the use of documentary editions beyond the academy and outside the classroom. That is, for example, the words of John Boston, with which I opened, have been part of dramatic readings performed by theater companies and on radio programs. In 1993, the National Black Theater Company of New York alone performed 20 dramatic readings for hospital workers in auditoriums and hospitals for workers during their lunch breaks. The Prenumbra Theater Company of Minneapolis/St. Paul performed dramatic readings from Freedom the following year. One radio station in New York devoted a whole evening to readings, almost 5 hours. I can't imagine that any one listener heard all of them, but for 5 hours, they did readings from Freedom. Legislators, like yourself, rely on documentary editions. Mr. Kolbe. Let me just ask you to finish up as soon as possible. Ms. Rowlands. All right. As well as museum curators, filmmakers, the Arizona State Museum in Tucson, for example, has created a division that is dedicated to contact history in the greater Southwest, made possible by the documentary relations of the Southwest. Finally, students are using these, particularly in National History Day projects. Federal Congress papers and sites of editions on the World Wide Web are receiving numerous inquiries. The George Washington papers web site, for example, is visited more than 4,000 times a month. Stagnant funding, I think, threatens this access and I would call upon you to appreciate the ways in which editions are used, not only by scholars, but by the American people in general and fund the commission at $6 million. Thank you very much. Mr. Kolbe. Thank you very much for your testimony and for the stories that you told. We appreciate hearing that. [The prepared statement of Ms. Rowland follows:] [Pages 342 - 350--The official Committee record contains additional material here.] Tuesday, April 8, 1997. WITNESS RALPH BROWN, NATIONAL ALLIANCE FOR MODEL STATE DRUG LAWS Mr. Kolbe. We have three more. We are falling a bit behind, but we will try and wrap this up as quickly as possible here. Next is Ralph Brown, speaking on behalf of the National Alliance for Model State Drug Laws. Let me repeat again, the full statement will be placed in the record, and we ask that you summarize this in the time allotted. Mr. Brown. Mr. Chairman, I am Ralph Brown of Dallas Center, Iowa, and I am Chair of the National Alliance for Model State Drug Laws. Thank you for this chance to share with you the successes of our model State drug law conferences. Under the leadership of this subcommittee and your former Chair, Jim Lightfoot of Iowa, the Congress appropriated $1 million for each of fiscal years 1996 and 1997 to allow the Alliance to provide model State drug law conferences. We work with State leaders to review the model laws drafted by our predecessor, the President's Commission on Model State Drug Laws. In doing so, we are carrying out the sense of the Congress in the legislation that created this commission. That commission set out to accomplish the mission of developing model laws for the States to use in addressing drug and alcohol abuse problems. Misperceptions and skepticism gave way to understanding and consensus. As a consequence, on the commission, those in law enforcement became convinced that good treatment works and enhances public safety. Those in treatment came to better appreciate the role that law enforcement must play in tackling alcohol and other substance abuse. Mr. Brown. From a new understanding, the Commission drafted 42 model laws that combine a carrot-and-stick approach to reducing alcohol and other substance abuse. Tough sanctions are used where appropriate. Equally important, the sanctions are designed to be constructive, to promote prevention and to attempt to leverage alcohol and other drug abusers into treatment. To continue the Commission's work, we then formed the National Alliance, a 501(c)(3) nonprofit corporation. By your appropriations, you have allowed States to recreate for themselves some of the educational and consensus-building processes we experienced on the Commission. To date we have held eight conferences, in Oregon, Georgia, Louisiana, Utah, Mississippi, Nevada, Iowa and Oklahoma. Tomorrow we go to New Jersey. Each conference is a day of intense hands-on sessions, dedicated to hammering out which of the model laws that State should pursue. We have active participation from law enforcement, treatment providers, judges, State legislators, education and prevention specialists, schoolteachers, administrators, corrections officials, Governors' staff, business and labor leaders, community advocates and parents. The model law gatherings are more than what we traditionally think of as conferences. They are forums in which individuals, whose lives are touched by alcohol and other drugs, can begin to reshape their State's alcohol abuse policies. State individuals use these conferences to share concerns, to hear different disciplines' perspectives on the issues, flesh out problems, identify priorities and needs, foster cooperative efforts among professions and agree on coordinated system-wide responses to the problem. This freedom of discussion flows from the nature of the conferences themselves. The ultimate decisions of what to do in each State rest with the conference participants, but States do look to the Alliance to help fine-tune these plans and turn their suggestions into reality. States depend upon the Alliance's analysis of legislation and existing statutes. This is especially true of hot topics involving system changes and delivery of services, such as managed care. By relying upon the Alliance's services, State leaders strive to prevent some age-old problems: Inconsistent, temporary statutory solutions; needless mistakes in application of laws; and a lack of reliable information regarding the effectiveness of laws. They want to avoid wasting time and resources on a legislative treadmill which can only keep them in the same place. The Alliance will continue to work hard to help State and local leaders take positive steps toward enacting strong, effective laws on alcohol and other substance abuse, tobacco issues. Just as General McCaffrey has lent his encouragement to the Alliance's efforts, it is our fervent hope that the support shown by this subcommittee and the Congress for our current activities will continue into the coming year. Thank you very much, Mr. Chairman. Mr. Kolbe. Thank you very much. And we certainly agree that the work of the Alliance on this model drug law is a very important project and one which I had some knowledge of when I was in the Arizona State Legislature working on similar kinds of projects on model State laws. Thank you very much for your testimony. [The prepared statement of Mr. Brown follows:] [Pages 353 - 373--The official Committee record contains additional material here.] Tuesday, April 8, 1997. GSA RELATED MATTERS WITNESS MICHAEL SHEHADI, BUILDING OWNERS AND MANAGERS ASSOCIATION Mr. Kolbe. Michael Shehadi, representing the Building Owners and Managers Association International. Mr. Shehadi, please. Welcome and thank you. Please proceed. Mr. Shehadi. Thank you. Mr. Chairman and Members of the committee, my name is Michael Shehadi, and I am Group Senior Vice President for the Charles E. Smith Companies. We are a full-service real estate firm located here in Washington, and we are the largest provider to the Federal Government for at least office space here in the National Capital region. This morning I am speaking with you as a member of BOMA, and as former Chair of its National Advisory Council. Our 16,000 members develop, own and manage over half the commercial office space in the United States, and the Federal agencies make up a considerable portion of that space. BOMA is pleased to have a constructive working relationship with GSA, especially with officials of the BPS, the Public Buildings Service. The BPS is a member of BOMA's National Advisory Council, which is a group composed of the largest real estate companies in America. Agency officials are members of BOMA committees, and BOMA has testified before Congress to encourage the reevaluation of restrictions that hamper GSA's operations. In the past few years, there has been tremendous change in the Agency's direction, and as commercial owners and managers we have witnessed the transformation firsthand. GSA has made tremendous strides to become an agency that, in the administration's words, works better and costs less. At a time when other Federal agencies are requesting higher funding levels, GSA's cost to the taxpayer, whether operating appropriations or through the Federal Buildings Fund, continues to decrease. Moreover, the Agency functions not only with less funding but also with fewer employees as the Agency's total manpower has decreased by 29 percent since 1993. The GSA clearly desires to fundamentally alter the way it conducts its business. As indicators of this commitment, let me offer the following initiatives, each of which have been enacted in the last year: First, the Can't Beat GSA Leasing Program. By instituting more cost-effective and timely leasing practices, the Agency now activity competes for the leasing business of Federal agencies. As a result, and utilizing streamlined procedures, industry benchmarks and universal standards like the BOMA Floor Area Measurement Standard, the Agency makes it easier for private commercial companies to interact with the GSA. Second, the National Real Estate Service Contract. Under this new program up to eight different private sector commercial brokers will provide leasing services for GSA's tenant agencies, covering all functions from initial space requests to postlease services. By contracting withcommercial brokers, GSA will augment its staff with the skills and expertise of the private sector. Third, the Good Neighbor Policy. GSA seeks to be a full partner in local affairs by actively participating in Business Improvement Districts, which are private sector initiatives created to resolve community problems. Thus, the cost of security, maintenance and cleaning within these districts can now be shared equally without others covering Federal structures' costs. And fourth, the Private Sector Cooperation. GSA now actively seeks greater private sector interaction for its employees. Thus, helping to improve performance. GSA's employees are enrolled, through BOMA International and real estate educational programs, which update their skills and foster interaction with private sector professionals. Thus, the GSA continues to advance as an organization for transforming the way it performs. For some ``business reinvention'' is merely a popular catch phrase, but for GSA we are witnessing that they really do mean it. The GSA has come a considerable distance in reinventing itself, but the larger question remains is what should the Agency's future role be? BOMA believes that the appropriate approach for Congress is not to radically alter the GSA. BOMA maintains that opportunities exist for the private sector to assist in improving service and cutting costs, an example being the National Real Estate Services Contracts. However, we caution against indiscriminate cuts that would undermine the Agency and decimate its ability to carry out its functions of real property oversight. Thus BOMA urges this subcommittee not only to provide the necessary funds for GSA's business operations, but also to support the Agency's efforts to reshape itself and better serve its customers and the taxpayer. In summary, BOMA is pleased with the dramatic changes being implemented by the GSA. We are particularly impressed with the efforts of David Barram and Bob Peck and their employee teams. Their initiatives have helped to facilitate greater and more efficient interactions between private and public sectors. Yet, of greater importance, these efforts allow GSA to better serve its primary customer, the Federal Government, and the user agencies. Thank you for your time. Mr. Kolbe. Thank you very much, and I certainly share your enthusiasm for the work of David Barram and Bob Peck. I am very impressed with them as I have gotten to know them. Thank you very much for giving that testimony. [The prepared statement of Mr. Shehadi follows:] [Pages 376 - 382--The official Committee record contains additional material here.] Tuesday, April 8, 1997. FLRA RELATED MATTERS WITNESS RALPH STRNAD, WASHINGTON AREA METAL TRADES COUNCIL Mr. Kolbe. Our last statement this morning or this afternoon now is for Ralph Strnad. Welcome. Is that the correct pronunciation, sir? Mr. Strnad. Good morning. No, sir. It is Strnad. Mr. Kolbe. Please go ahead. Mr. Strnad. Good morning, and thank you for the support of your staff in seeing that I was able to do this this morning. Mr. Chairman and Members of the subcommittee, I appreciate this opportunity to appear before you this day and express our views and concerns relating to the continued funding of the Federal Labor Relations Authority at the proposed budgeted levels. The point of my appearance here is that I and my colleagues believe that to allocate funds for this Agency, uncritically, without specific direction, is to sanction pernicious conducts, practices and policies of its leadership and other agents over the past few years, at least in the Washington regional area. My name is Ralph Strnad. I am the Secretary of the Washington Area Metal Trades Council and the Chief Steward at the Goddard Space Flight Center in Greenbelt, Maryland. I am here with the approval of the WAMTC, as well as the Goddard Engineers, Scientists, and Technicians Association, GESTA, which is an IFPTE Local 29, whose president, Dennis Olivares, could not be here today. Between these two unions we jointly represent nearly 2,000 Goddard employees. Our experiences with the FLRA are as similar as they are disappointing. The FLRA is simply too politicized and operationally too pro-management. They seemingly have no expertise nor even the requisite bare sensitivity to the potentially oppressive working conditions visited on our bargaining unit members. In any kind of a generic adjudicatory body whose operations are objectively viewed as fair, legal and equitable, the direction of the decisions and judgments are usually somewhat balanced, which is to say, in FLRA terms, about half the decisions would be pro-management, and about half would be pro- union. But with the FLRA, the decisions are grossly and disproportionately lopsided in favor of the agencies at the expense of the unions. We are lucky to prevail at a rate of 16 percent of filing unfair labor practices, and those victories are frequently tainted with face-saving compromises such as innocuous statutory language in notice-postings on Agency bulletin boards. Their investigations are slipshod, and, along with the tortured logic of their so-called legal analyses, are largely boilerplate and forced to a preordained conclusion. Labor is wasting its time in this forum. Customer service ratings must surely be high for the FLRA, but only because their obvious customer is agency management. This Agency does not even provide an internal complaint form for the innumerable problems we have encountered during the handling of a ULP or a petition. Individuals fare even worse in ULP decisions than unions. Agency brutality in this era of Federal downsizing knows no bounds, and far too many of our victims are exposed to irreparable harm as a consequence of trumped-up charges by desperate managers. Many heated arguments have failed to persuade the FLRA general counsel to follow their own regulations and honor petitions for temporary restraining orders and other injunctive relief in plain compliance with 5 U.S.C. 7123(b-d). For the past 2 years the general counsel has been busy eroding what few pro-union doctrines the FLRA has managed to put in its books during its more enlightened past. Things have gotten to where we dread the publication of the next issue of the FLRA NEWS. Their new ``Covered-by Doctrine'' is a needless cruelty and serves no purpose but to crassly clear caseloads and accelerate the rate at which our ULPs are dispatched to the dustbin. We are not merely complaining that we want to win more or that we are tired of losing so many meritorious cases in what at best seems a capricious game at the taxpayers' expense. Rather we want a more level and equitable playing field ofthe sort Congress envisioned when it enacted Title 7 of the Civil Service Reform Act and established the independent FLRA. If you fully fund these people, thereby reinforcing their biased behaviors, and things proceed as they have been going, you will actually be placing that Agency at an increasing risk of totally losing its adjudicatory credibility and respect as an impartial government entity, and we have suggested three recommendations. One: Instruct the entire FLRA to implement and follow to the letter the plain-language meaning and mandates of their enabling statute and their own regulations published in Title 5 of the CFR. Eliminate their reliance on unpublished or secret local practices of any kind, especially those which diminish the letter and spirit of the statute. Two: Mandate a customer satisfaction system for the FLRA where serious mishandling of cases can be registered and measured and monitored by the public and by Congress. Order the Government Accounting Office to help set up this system and require the FLRA to submit semiannual reports to this subcommittee evidencing compliance with the system's procedures and with the instruction requested above. Three: Instruct the FLRA to amend its regulations and other internal directives such that notice-postings that can be made into a meaningful remedy; i.e., notices should generally contain an admission clause on the part of the agency found in violation of the statute. Language should not be negotiable by or on behalf of the violator in so-called ``bilateral settlements,'' for which the FLRA is notorious, despite contrary instruction from its own general counsel, and see general counsel's memo entitled ``Settlement Policy May 25th, 1994.'' See that all unilateral settlements are eliminated and expunged as an adjudicatory option for the FLRA casehandlers. Thank you very much for this opportunity to--this time to express this important issue. Mr. Kolbe. Thank you very much, Mr. Strnad, for that testimony. We appreciate it very much. Mr. Strnad. Thank you, sir. [The prepared statement of Mr. Strnad follows:] [Pages 386 - 387--The official Committee record contains additional material here.] Mr. Kolbe. We have another written testimony that will be placed in the record here from Mr. Maldonado, University of Puerto Rico. [The statement of Mr. Maldonado follows:] [Pages 389 - 391--The official Committee record contains additional material here.] Mr. Kolbe. No further testimony, this subcommittee stands adjourned. [The following statements were submitted for the record from Congresswoman Maloney, Congressman Jenkins, Congressman English, Congressman Meehan, Congressman Gekas, and Mr. Sharpe follow:] [Pages 393 - 425--The official Committee record contains additional material here.] W I T N E S S E S ---------- Page Berne, B. H...................................................... 219 Blumenauer, Hon. Earl............................................ 1 Brown, Ralph..................................................... 351 Burke, William................................................. 219, 276 Byrne, Robert.................................................... 281 Cunningham, Jim................................................ 150, 174 English, Hon. Phil............................................... 405 Gekas, Hon. G. W................................................. 412 Hoober, David.................................................... 324 James, Sharpe.................................................... 424 Jenkins, Hon. W. L............................................... 394 Larson, Eric..................................................... 16 Maldonado, Dr. N. I.............................................. 389 Maloney, Hon. C. B............................................... 393 Markuns, J. F.................................................... 291 Meehan, Hon. Marty............................................... 407 Miller, P. P................................................... 324, 333 Reiter, R. F..................................................... 145 Romero-Barcelo1, Hon. Carlos..................................... 5 Rowlands, Leslie............................................... 324, 339 Schlein, David................................................. 150, 192 Shays, Hon. Christopher.......................................... 140 Shehadi, Michael................................................. 374 Strnad, Ralph.................................................... 383 Tobias, Bob...................................................... 150 Visclosky, Hon. Peter............................................ 12 Waters, Hon. Maxine.............................................. 169 I N D E X ---------- U.S. Postal Service Related Matters: Page Honorable Earl Blumenauer (D-OR)............................. 1 General Services Administration Related Matters: Honorable Carlos Romero-Barcelo1 (D-PR)...................... 5 Bernard H. Berne, M.D., Ph.D., Private Individual............ 219 International Window Film Association, William Burke......... 276 Building Owners and Managers Association, Michael Shehadi.... 374 University of Puerto Rico, Dr. Norman I. Maldonado........... 389 Honorable William L. Jenkins (R-TN).......................... 394 Honorable Phil English (R-PA)................................ 405 City of Newark, New Jersey, Hon. James Sharpe, Mayor......... 424 Internal Revenue Service Related Matters: American Association of Retired Persons, Robert Byrne........ 281 Merit Systems Protection Board Related Matters: Merit Systems Protection Boards Professional Association, John Markuns............................................... 291 Honorable George W. Gekas (R-PA)............................. 412 Office of National Drug Control Policy Related Matters: Honorable Peter Visclosky (D-IN)............................. 12 Honorable Maxine Waters (D-CA)............................... 169 National Alliance for Model State Drug Laws.................. 351 Bureau of Alcohol, Tobacco and Firearms Related Matters: Collectors Arms Dealers Association, Eric Larson............. 16 Federal Election Commission Related Matters: Honorable Christopher Shays (R-CT)........................... 140 Honorable Carolyn B. Maloney (D-NY).......................... 393 Honorable Marty Meehan (D-MA)................................ 407 U.S. Customs Service Related Matters: Analytical Systems Engineering Corporation, Robert F. Reiter. 145 Federal Employee Related Matters: National Treasury Employees Union, Bob Tobias................ 150 National Federation of Federal Employees, Jim Cunningham..... 174 American Federation of Government Employees, David Schlein... 192 National Archives and Records Administration and Related Matters: State of Arizona, David Hoober............................... 324 National Coordinating Committee for the Promotion of History, Page Miller................................................ 333 The Association for Documentary Editing, Leslie Rowlands..... 339 Federal Labor Relations Authority Related Matters: Washington Area Metal Trades Council, Ralph Strnad........... 383 <all> </pre></body></html> |