[Congressional Record Volume 143, Number 160 (Thursday, November 13, 1997)]
[Extensions of Remarks]
[Pages E2366-E2367]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


  DISAPPROVING CANCELLATIONS TRANSMITTED BY PRESIDENT OCTOBER 6, 1997

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                               speech of

                           HON. JOHN R. THUNE

                            of south dakota

                    in the house of representatives

                       Saturday, November 8, 1997

  Mr. THUNE. Mr. Speaker, I rise today in strong support of H.R. 2631. 
This bill is vital in correcting mistakes that were made in the 
President's line-item veto of the Military Construction Appropriations 
Act. I would also like to thank Mr. Skeen for the introduction of this 
important resolution and Chairman Packard and Chairman Hefley for their 
hard work in bringing H.R. 2631 to the floor. Both the National 
Security and Appropriations Committees worked diligently to provide for 
the proper defense of our Nation with increasingly limited resources. 
In doing so, the House has made great strides in areas of quality of 
life, readiness, and military construction to support our Nation's 
military in spite of the current administration's national security 
policy.
  The line-item veto power that the 104th Congress passed and the 
President signed is an important tool that, when used correctly, could 
serve to reduce our Nation's budget deficit. However, when that power 
is used carelessly, it not only devalues this budget tool, but as the 
use in the military construction bill and the defense appropriations 
bill demonstrates, it threatens to undermine important national 
security objectives.

[[Page E2367]]

  On October 6, 1997, the President struck 38 projects from the 
Military Construction Appropriations Act for fiscal year 1998. This 
occasion marked the third time the President exercised the authority 
granted in the Line-Item Veto Act and the single largest use of that 
power to date. Of all 72 line-item veto transmissions, it is these 38 
items which have caused the largest cry of concern from Congress. 
Failure to override these vetoes could erode the readiness or quality 
of life of our military personnel.
  The concern that has come from Congress does not deal with the 
concept of the line-item veto. The concern instead stems from the 
seemingly haphazard manner in which it was applied to this bill. The 
President identified three new criteria establishing the worthiness of 
military construction projects that had never been used in the 
appropriations process.
  The first criterion the President established was that the project 
must be in the President's budget. Over 85 percent of the canceled 
projects are actually in the administration's defense plan and each 
project was carefully screened by the authorizing committee. This 
criterion also attempts to invalidate Congress' role in the defense of 
our Nation. Each year Congress must address shortfalls in the 
President's budget for areas such as military housing and National 
Guard construction. Failure to correct these annual shortfalls could 
damage the capability of our military forces.
  The President's second criterion was more of a moving target. The 
second requirement initially was that the program must have completed 
all design specifications. Congress has historically used a 35 percent 
design completion criterion for inclusion in the appropriations 
process. This historical precedent was ignored by the President without 
consultation with or notification of Congress. When the administration 
realized appropriations typically include the funding for design 
completion, the criterion was changed to require that the ability to 
begin work on the project happen in the same fiscal year as 
appropriated. Again, the administration erred in judgment. In testimony 
before the House National Security Committee, Chairman Hefley indicated 
that each of the 38 canceled items could begin work in fiscal year 
1998. This further highlights the folly of any of the 38 line-item 
vetoes.
  The final criterion, that the project must impact quality of life, is 
not only the most ambiguous, but also the most widely ignored. There 
were few, if any, projects that did not in some way impact the quality 
of life for our service personnel. Some of the projects were required 
for training and readiness, others for the operation and maintenance of 
military equipment, others yet for mitigating dangerous working 
conditions that existed at military facilities around the Nation.
  The President vetoed construction modifications to a dining hall in 
Montana where the current facility fails State health inspections. A 
facility at White Sands Missile Range in New Mexico was slated to have 
renovations completed with funds from the bill. This facility suffers 
documented safety hazards and is infested with rats. Despite these 
conditions, the President deleted the renovations from the bill. In my 
own State of South Dakota, the President's pen struck a hanger facility 
for an air ambulance squadron of the National Guard. The 
administration's actions would leave these helicopters and Guardsmen 
exposed to the same harsh weather that prompted three successive 
disaster declarations in the past year. Each of these projects are 
examples of mistakes caused by the President's new criteria.
  These criteria were not only confusing to the authorizing and 
appropriating committees, but also to the administration and Pentagon 
officials that advised the President. This became evident when stories 
appeared in the press--and were later confirmed by the administration--
that several projects had been vetoed by mistake. Originally it was 
believed only a few projects were cut by mistake, but that number 
quickly rose to 11. Then it escalated to 18. And now the Senate has 
indicated up to 28 projects were errantly vetoed. This problem is 
compounded by the Office of Management and Budget's inability to 
provide Congress with an exact accounting of errors that were made.
  Should the President choose to reprogram funds this year to cover the 
mistakes, Government spending would not be reduced. The dollars 
Congress appropriated to the 38 vetoed items would go toward deficit 
reduction. At the same time, the President would fund those items with 
dollars taken from other worthy projects. Should the President instead 
decide to make these items a part of the fiscal year 1999 budget, the 
funds Congress appropriated for these items in fiscal year 1998 would 
still be spent on deficit reduction. The, next year, we would have to 
pay for them again. If we wait for the President to take action, the 
taxpayers would not save a dime. In fact, we run the risk of either 
taking funds from other valuable national security projects or having 
to pay for these 38 projects twice.
  Congress has a tool to correct these mistakes. That tool is H.R. 
2631. This disapproval resolution is not a referendum on the line-item 
veto. Instead, we are using the process the line-item veto law 
provides. If the legislative branch does not agree with the rationale 
for a veto, it is the body's obligation to let that be known. The 
disapproval resolution ensures that Congress maintains an active voice 
in the appropriations process.
  This is a bill that is important for our military forces. Our service 
men and women support our Nation every day, putting their lives on the 
line in the defense of our Nation. They do not deserve to work in 
crampted facilities or to repair aircraft in subzero wind chills. 
Without this bill, that is what will happen. We need to support our 
military personnel.
  It is important to reiterate that this is not a referendum on the 
line-item veto law. It is not a referendum on the administration. A 
vote in favor of H.R. 2631 is however a vote for fiscal common sense 
and for correcting admitted mistakes. I urge my colleagues to support 
this resolution and support our Nation's military personnel.

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