[Congressional Record Volume 141, Number 64 (Thursday, April 6, 1995)]
[Senate]
[Pages S5287-S5288]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          STRIKER REPLACEMENT

  Mr. FAIRCLOTH. Mr. President, on March 23, I introduced S. 603--a 
bill to nullify Executive Order 12954 which prohibits Federal contracts 
with any company that hires permanent replacements for striking 
workers. This is the companion bill to H.R. 1176 introduced by Chairman 
Goodling of the Committee on Economic and Educational Opportunities. 
Yesterday, Mr. Goodling's committee held a hearing on H.R. 1176, at 
which testimony was given concerning the fundamental flaws of this 
Executive order. Many of the same issues were addressed in this Chamber 
when the distinguished Senator from Kansas, Chairman Kassebaum, ably 
led an effort to limit funding for the implementation of the Executive 
order.
  We lost that fight, but the opponents of this Presidential power grab 
will not rest until the Executive order is overturned and balance is 
restored to this Nation's labor policies.
  Today, I would like to speak briefly about just a few of the more 
recent and compelling criticisms of the Executive order.
  I share the opinion of those who conclude that the order is invalid 
because it exceeds the President's constitutional and statutory 
authority. The Justice Department's legal memorandum in justification 
of the order cites a statute which was enacted in 1949 to implement the 
recommendations of the Hoover Commission.
  The Justice Department takes the position that this statute 
authorizes the President to adopt any regulation which promotes economy 
and efficiency in Government procurement. However, there is no Supreme 
Court decision that supports the Justice Department's interpretation of 
this statute as conferring such sweeping Presidential authority.
  Moreover, the Congressional Research Service recently concluded that 
Executive Order 12954 ``may not survive even the most restrained 
judicial scrutiny.''
  We must be clear about the legal foundation which restricts the 
President's authority to issue an Executive order regarding a central 
tenet of national labor policy.
  The National Labor Relations Act itself authorizes the hiring of 
replacement workers--and by so doing, limits Presidential authority to 
regulate the relationship between management and striking employees. 
The President has 
[[Page S5288]] not been granted authority under any statute to alter 
this carefully balanced congressional design.
  If this order is not overturned, just imagine the possible 
consequences of allowing the President to bypass Congress and issue 
directives on any and all matters relating to Federal contractors.
  For example, President Clinton would be permitted to unilaterally 
impose on Federal contractors a mandate to implement the type of health 
care plan which he advocated last year and which was so thoroughly and 
soundly rejected by Congress and the American people.
  In issuing Executive Order 12954, President Clinton has made a 
sweeping assertion of Presidential power which is completely at odds 
with our constitutional system of separated and enumerated powers. It 
should not be allowed to stand, and during the 104th Congress we should 
commit ourselves to reversing this ill-conceived precedent.
  Mr. President, I yield the floor and suggest the absence of a quorum.
  Ms. MOSELEY-BRAUN addressed the Chair.
  The PRESIDING OFFICER. Will the Senator from North Carolina withhold 
his request? The Senator from Illinois is seeking the floor.
  Mr. FAIRCLOTH. Mr. President, I am sorry. I did not see the Senator 
from Illinois.
  I withdraw the request for a quorum call.
  Ms. MOSELEY-BRAUN. I thank the Senator from North Carolina.
  The PRESIDING OFFICER. The Senator from Illinois is recognized. The 
Chair apologizes. I was raptured by the Senator from North Carolina, 
and my head was turned the wrong way. I wish her a good day.


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