Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I have an amendment that I send to the desk and ask its immediate consideration. Mr. President, I ask unanimous consent that the reading…
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, I have an amendment that I send to the desk and ask its immediate consideration.
Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.
Mr. President, this amendment concerns procedures for contracting out. I ask that the cosponsors be Senators Landrieu, Reid, Sarbanes, Lautenberg, Lieberman, Kennedy, Leahy, Akaka, and Byrd.
I rise to offer an amendment that does several things. First, it protects the egregious abuses and unfair practices that are now into a new procedure for contracting out the work of Federal employees. That contracting out procedure is called an A-76, which is the circular that describes this methodology.
You need to know. I understand reform is necessary, but abuse is not necessary. I must say I am very concerned that the White House is pursuing a political agenda masquerading as management reform. In the administration's plan for privatization, the costs are too great. It costs money. It costs morale. It costs the integrity of the Civil Service system.
When I say it costs money, do you know that when we were foraging funds for veterans health care, the administration wanted to spend $75 million to figure out how to contract out the work being done at the VA? What jobs am I talking about? Radiologists, social workers, core essential medical personnel. The administration wants to spend $75 million, while we have veterans waiting in line to figure out how we can contract out the health care we promised them. It costs too much.
Then it costs morale. The minute you hear you might be contracted out, you have to write a job description. Then you have to wait around to see if you are contracted out. Then, even if you win it, you might be contracted out because you will again have to compete in 5 years. Morale in key agencies such as the National Institutes of Health is completely in disarray.
It also costs the integrity of the Civil Service system. Every democracy in the world has a civil service system that is absolutely independent and has absolute integrity to carry out the core functions of government, regardless of what political party is in charge. That is why democracies have civil service, to administer the core functions of government. That is why we always wanted to be sure that it wasn't patronage that determined who became an FBI agent, that it was not crony politics that decided who got a Social Security check. We would have an independent civil service that would administer these things.
That is not where we are going. We are heading to cronyism and political patronage. At the very time we are fighting a war against terrorism, I don't understand why the White House is spending its time figuring out how we can undermine our Civil Service.
Make no mistake, I am not opposed to privatization. In some instances, privatization works very well. In my own State of Maryland, in an agency called the Aeronautics and Space Agency, of which I am a ranking member for funding, we have privatization.
Let's look at Goddard Space Agency in my own home State. We have 3,000 Civil Service jobs and 9,000 private contractor jobs. Both are doing an outstanding job, and I am proud of them.
What I am opposed to is that this new A-76 is inherently unfair to Federal employees. The deck is stacked against them to pursue an ideology driven agenda, not a management reform agenda.
My amendment is simple. It throws out these new crony rules, these new unfair rules which stack the deck against Federal employees, and asks that the administration go back to the drawing board to come up with new guidelines for competition that are truly fair. Why is this important? OMB is pushing contracting out, even when it doesn't make sense, or even when it puts our Nation's security at risk, or the integrity of medical research on the line, or even when it costs more to conduct competitions than it saves in the long run.
Did you hear what I said? Even when it doesn't make sense, even when it puts national security at risk, and in some instances now they have some cockamamie scheme that could even put the integrity of medical research on the line. Hello. Where are we going? I think we need to go back to the drawing boards.
Let me say why this is unfair. Let me go through some very specific reasons. No. 1, it does not allow Federal employees to submit their own best bids. The new rules create something called streamlined competitions. That is just a code word for employees not having a chance to come up with their own cost-saving ideas. I don't know how you can call it competition if you don't even allow the employees to form a team and to come up with ideas on how to save money, as well as how to save jobs.
No. 2, guess what, in all of this contracting out it does not even require contractors to show they are saving money. The old A-76 required contractors to show they would save the Government significant money, at least $10 million or 10 percent, whichever is less. This new A-76 has gotten rid of this requirement. Guess what. The competitions themselves cost money. To do an evaluation on what should be contracted out by and large costs $8,000 an employee. So now Federal workers who might be losing their jobs to contractors do not even do it to save the taxpayer any money, let alone the integrity of the Civil Service.
It is also destabilizing. This is really a morale buster. Boy, you talk about a morale buster; it is just to say: You know, every couple of years we are going to put you up for grabs. This new A-76 forces Federal workers to recompete every 5 years for their jobs, but it does not require contractors to recompete every 5 years for the contract that is won.
How will the Government attract and keep bright young workers if their jobs are at risk every 5 years? And if the Federal employees should be up for bid every 5 years, why shouldn't the private sector bid every 5 years? If you want to destroy agencies such as NIH and VA, just do it this way.
Also, it provides an unfair advantage to contractors that provide lesser benefits. If a contractor saves money by shrinking wages and eliminating health care, that is not improving Government efficiency. But that gives them an unfair advantage when they bid. Their bids do not show efficiency; they win contracts because they either eliminate or shrink health care.
That is not the way we should go. It is bad 46 million Americans do not have health care, let alone now forcing Federal employees not to have it.
To be sure everybody understands this, I would like to give three examples. Let's take the National Institutes of Health. This is one of the most beloved agencies in our country. If anything would ever happen to the National Institutes of Health, it would be devastating to the American public. This is one of the agencies everyone loves. Why do we love NIH? Because out there every day there are people working to find cures to save lives. So guess what. OMB took a look at NIH. Guess what they wanted to contract out. OMB wants to contract out lots of things, but one of the things they want to end is the NIH fire department. Why do they have their own fire department? Because of all the research going on, we need not only brave first responders but those who are best at handling chemical, biological, and radiological events.
In fact, the entire Capital region relies on them for emergencies and also training others. We need our own fire department at NIH because they know every building, they know every rack where the research is going on, and they know every mouse and what they have taken in tests to keep us alive.
How do you bid on a fire department? I don't know how you contract out a fire department.
I am telling you this is terrible.
They not only go to the firefighters, but they go to scientists, scientific support, and other jobs at NIH which are slated for competition.
There is a group called Senior Scientists Category 2. These are postdoctoral research fellows. OMB wants to contract out the decisionmaking process in selecting these scientists. They want to contract it out. They want to provide a bid for outside contractors to select these key scientists. I cannot believe it.
I listened to Dr. Zerhouni testify. By the way, Dr. Zerhouni is a very eminent physician, an entrepreneur, formerly of Johns Hopkins, now the head of NIH, and an outstanding Bush appointee. He told me they had to spend $15 million at NIH to study how they could contract this out. That is $15 million that could have gone to find a cure for Alzheimer's and diabetes. Dr. Zerhouni and others said it took over 100,000 hours of staff time. Dr. Zerhouni protested. He went right to OMB and said don't contract out my fire department. It is a waste of time and a waste of money. Please let us select these postdoctoral fellows. He was overridden by OMB. We are grateful for this man who heads up NIH, and who because of his own research could be a candidate for the Nobel prize. But they overrode him under the guise of a political agenda masquerading as management reform that has absolutely left the morale at NIH in shambles.
Let us take VA. I couldn't believe it. Just when Senator Bond and I are trying to come up with more money for our veterans, we got a request from VA saying they want to spend $75 million to study contracting out. Whoa--$75 million? I am the appropriator along with Senator Bond. Seventy-five million could have put up 75 new outpatient clinics. It could have provided prescription drugs for 77,000 veterans. Just when our men and women are coming back from Iraq, we want to contract out VA health care and things such as radiology, pathology, and pharmaceutical care.
I am telling you: Boy, don't they feel good. We should be lucky to have these doctors and nurses and professionals. Guess what. They have tried this. The jobs they want to contract out are actually even held by veterans themselves. You are telling me we should take money from veterans health care to pay for studying how to contract out veterans' jobs to provide health to other veterans. By my calculation, one study they did didn't work out.
Let me tell you about the most heartbreaking example.
At the Medical Center in Bethesda--we all know about Naval-Bethesda. It is an outstanding facility. People here at the Senate have used it. Our own President goes there for his annual checkup, as has every President preceding him. It is great. At Naval-Bethesda down in the kitchen there are 21 custodial food service employees. They work in what they call the hospital scullery. They are a very unusual group of people. They are mentally challenged. There are 21 people who work there. They have worked there as a special unit. This Federal Government reached out using it as a model for hiring people with mental disabilities who could be self-sufficient and self-employed.
Boy, have they done a good job. They clean up the kitchen. They prep the food. Everybody at Naval-Bethesda loves them. Devorah Shapiro has worked there for 10 years. She is in a group home. James Eastridge is from Hagerstown. He started working there 22 years ago, and he hasn't missed a day of work. He gets all kinds of awards.
Guess what. At Naval-Bethesda working in the kitchen are people who are trying desperately to be self-sufficient. And we are going to contract out 21 jobs in the kitchen for people who wash the dishes and prep the food? I am telling you, shame on you, OMB. Shame on you, OMB, for what you are doing here. I think this is outrageous.
That is why I have the Mikulski amendment. It is for those people. It is for those veterans who have gotten their education from the GI bill and who are serving there--our scientists, our seafood inspectors, the people who are doing the mapping at the FAA for our flight plans for our military and commercial planes.
I could go on and on and on. Those are the kinds of people I am talking about. They aren't bureaucrats sitting there looking at their fingernails. They are not people just sitting around. They are people who work every day. They are people at NIH who win Nobel prizes. They are people out there in the Coast Guard who are protecting us from drug dealers and from terrorists. They are people like those who lost their lives in the Oklahoma bombing.
That is why I am offering this amendment. I have told you my opinion on contracting out. But to the naysayers and those people who are fussbudgets, let me reassure you this amendment doesn't prohibit contracting out. It does not. It simply changes the rules to make them more fair. All it does is throw out the unfair May 29 version to give the administration a chance to rethink its one-sided, overly aggressive policy.
Speaking of that, I know OMB has tasked every Federal agency to get rid of 400,000 jobs. You know my feeling about that. It is just outrageous. Instead, we should pass the Mikulski amendment and go back to the drawing boards. There are simple reasons why. This new process doesn't require appreciable cost savings. It allows contractors to make appeals but not Federal employees. It fails to track the cost and quality of contractors. It encourages it. It doesn't offer alternatives to progress. It is bad for diversity. The jobs being contracted out tend to be primarily service jobs and clerical jobs which are often women. It is also in the blue-collar jobs that have a very strong diversity group. It doesn't allow Federal workers to bid on contractor work. It doesn't give them an appeal process. I could go on and on.
It is a new A-76. It is a dangerous trend to replace our Civil Service employees with cronyism and political patronage contracts. I believe this A-76 system is inherently unfair. We should send it back to OMB. Let us work in a very constructive way to get the best value for the taxpayer and make sure we have the best people operating our missions--driven not by money but by agencies.
I yield the floor.
Reserving the right to object, are we possibly setting my amendment aside so that the language of the Senator from Wyoming could arrive from legislative counsel? It would enable the debate to proceed without waiting for legislative counsel and then return to the debate with the Senator from Wyoming.
The Senator from Wyoming would be protected and we would be expediting the process?
I think that is a reasonable solution. I want to cooperate in any way I can to ensure the Senator's right to offer a second degree and to expedite the debate.
I withdraw my objection.
Mr. President, I ask unanimous consent the order for the quorum call be rescinded.
Mr. President, I am sponsor of the amendment that is currently pending on the Senate floor. I ask unanimous consent Senator Akaka also be added as a cosponsor.
Mr. President, we are looking forward to moving this bill. I know the Senator from Wyoming wishes to offer a second degree. I note that he is on the floor.
I also note that the Senator from Ohio has done a great deal of work on the Civil Service. He has some very interesting ideas.
I wish we could continue the debate on these amendments. The Senator from Ohio will be offering an amendment. We are ready to debate and discuss it.
If we all work together, I think we can finish the bill in the interest of the
American public, the integrity of the Civil Service, and the taxpayer.
I will save my rebuttal until the pertinent parties are on the floor.
I am ready to go. If we could have the second degree, we are ready to debate it.
I yield the floor. I suggest the absence of a quorum.
Mr. President, I feel at a bit of a disadvantage. I am all set to debate, but we keep waiting. We waited for the amendment. Now we have to wait for the Senator from Ohio to make his points in the argument and then he tells me to go ahead and make the argument. My argument is to rebut their amendment. So I am waiting for the Senator from Ohio to make his argument.
I have great admiration for the Senator from Ohio, particularly in the area of Civil Service. I know he has put in countless hours in terms of the Civil Service. Perhaps if he could explain his amendment. I listened carefully to Senator Thomas, but I am not sure I grasped the full extent of the amendment. There are many elements about the amendment I find attractive and I would like to comment on those. Those I find deficient I would like to identify.
I do want the Senator from Ohio to know I think you are an expert on Civil Service. I have great admiration for you.
Mr. President, I yield myself 5 minutes.
Mr. President, first, again I wish to make clear what I said about my two colleagues and my great respect for them. And I know of their work on civil service. I am particularly aware of the work of the Senator from Ohio. But I must say, the Thomas-Voinovich amendment proves my point that the May 29 A-76 circular on the new framework for contracting out is deficient. And it is deficient because it is unfair. It absolutely tilts the bidding process, to almost rig it to the fact that private contractors would win the bid. Their corrections of the A- 76 that they offer in their amendment point out how deficient May 29 was. So they make my point.
No. 2, I note also that they call for more reporting and more accountability. I think that is great, but, guess what, we are going to contract out Federal employees like the fire department at NIH, like the people with mental disabilities in the kitchen at the Bethesda Naval Hospital, and then we are going to hire people to watch the contracts.
Why are we contracting people out and then hiring people to watch the contracts that we have contracted out? Where are we going? What is the point? Where is the management reform in that?
So I respect the need for greater accountability and oversight. In fact, I think it is called for. Know that I know that the old A-76 also had some potholes in it.
What my amendment does is it says: You cannot implement May 29. Go back to the drawing boards. Work with the Commission that the Senator from Ohio described. But let's implement all of the recommendations, not only the selective ones that tilt the playing field to the contracting out. So that is where my amendment is.
I ask my colleague from Ohio and my colleague from Wyoming, am I right in saying that your amendment would want more accountability; it would allow an appeals process, which now they do not have; that they would not bid every 5 years; and they cannot contract overseas?
I ask either the Senator from Wyoming or the Senator from Ohio, have I grasped your amendment? Have I? What are your five points? I will repeat it: Greater accountability; reporting requirements; the right for Federal employees to have an appeal, just like the private contractors; that they would not have to compete every 5 years; and this wonderful one that says they cannot contract out to move jobs overseas.
Is that what I understand your amendment to be?
Well, I salute you. I think those are excellent improvements, but they are not a substitute for my amendment because even if your amendment goes through, I identified 15 things that were wrong with A- 76.
Now, you are willing to correct five. I was not as prescriptive. But you are willing to correct five. There are 10 others that need correcting. And I am just going to give a few, as I hear your arguments.
When I look at the ones that are not in there, the ones that are not included: One, it does not require appreciable cost savings. A contract out does not have to show that it is saving money. The other one is it does not end the unfair advantage given to contractors who provide their employees with inferior health benefits. So when there is a competition between the Federal employees and this so-called private contractor, the Federal employee's health benefits will count in the contract but not for the contractor.
Also, what it does is it does not consider alternatives to privatization; in other words, to give them the chance to reorganize and to streamline. That has been done at NIH. It has been done at other agencies.
It also encourages the privatization of inherently Government work. This is a big sticking point.
Mr. President, I yield 2 minutes of my time to my colleague from Maryland.
Madam President, how much time remains on my side?
I yield myself 5 minutes and withhold 4 to see if Senator Kennedy or another Senator wishes to speak. Right now I would like to yield myself 5 minutes. I ask the Chair to confirm, as I get a little excited when I am talking about this.
Madam President, what I want to say in response to what my colleague has said is, No. 1, he says the May 29 circular is better. There is a fundamental difference between us on that. I don't believe it is better. I stand with the way the National Treasury Union Workers feel about it and the way the other Federal employees feel about it.
If you are on the side of the companies that are going to benefit from privatization, you like it. If you are the ones who are on the firing line or the chopping block, you don't like it.
What I do acknowledge is that the amendment offered by my two colleagues from the other side of the aisle does improve the A-76 process.
I also acknowledge that I know the Senator from Ohio did go ballistic. I am glad that he went ballistic. I thank him for standing sentry down in the Government Affairs Committee against bounty hunting, against quotas, and against sending jobs overseas. I salute him on that. But he is one man against
a whole tide here. This is why I think his amendment has merit.
But I tell you, deep down to my toes, I believe they want to privatize most of the Federal Government, and I do believe that deep down inside they want quotas to privatize. I don't believe that about him.
When we look at this whole issue that he raised about private sector contractors moving jobs overseas, the Senator knows they have already done it. If the call center at the Census Bureau is now in India, Hello? The United States of America calling India to find out about census?
I could go on with other examples. The time is late. I appreciate the fact that the Senator gives Federal employees a right to appeal when they lose a competition which they now don't have. I also acknowledge that his amendment removes the 5-year recompete competition, and I salute him on that, and also ensures contract oversight.
In other words, you have some good ideas here. But in my comments, I say, you can vote for both. I want my colleagues to know they can vote for both. They can vote for Voinovich-Thomas and they can vote for Mikulski. Voinovich-Thomas has ideas of merit. Theirs is a modest improvement.
My amendment improves it all. They improve five things about this. I have identified 15. If you want 15, you vote for Mikulski. But you can vote for them and you can vote for me.
The other thing I want to say is that the Mikulski amendment does not stop contracting out. It simply stops the May 29 circular, which is harsh, punitive, and unfair to Federal employees.
I said to the administration, back to the drawing boards, work with Voinovich and Thomas and Collins, and work with Mikulski, Kennedy, and Sarbanes, and make sure our Federal workforce keeps on working.
Madam President, how much time do I have?
Madam President, I wish to notify the Chair that other Senators are on the way. I will speak for 2 minutes and then I hope they are here.
Again, I reiterate, the Thomas amendment has some good points. You can vote for both. My amendment does not stop privatization; it just makes it fair. I say something and they something back. But I am telling you, they don't mandate cost savings in this A-76.
Let me tell you a boondoggle. Defense Finance Accounting Service-- this is finance accounting--contracted out 650 jobs to a private computer company. Guess what. The DOD inspector general found out that it cost the taxpayers $25 million more than it would cost under Federal employees. Take the call center. They won the competition, and they won it by sending it to India. Lower wages, no health care. Let's ship those jobs overseas.
My gosh, what are we doing? This May 29 circular is despicable, it is unfair, it is harsh, it is punitive, and it will cost taxpayer dollars to do studies, and it is costing morale. If we want people to work for the Federal Government and be enthusiastic and put their best energies forth and put America first, we cannot keep Tinkertoying with them. I hope you can vote for their amendment, but, please, in the interest of the vitality and integrity of the Federal workforce, please vote for the Mikulski amendment.
I yield 1 minute to the Senator from Louisiana.
Madam President, how much time remains?
I reserve 2 minutes, waiting for Senators Byrd and Lautenberg. Does the Senator from Wyoming wish to speak?
I said I reserve 2 minutes to allow Senator Byrd and Senator Lautenberg to speak. Does the Senator wish to speak any longer?
I am going to wrap up. Remember, there are 15 reasons why the new public-private competition is unfair.
It does not allow Federal employees to submit their best bids.
It fails to end the unfair advantage given to contractors who provide their employees with inferior health benefits.
It allows the use of quotes instead of actually soliciting bids from contractors.
It doesn't consider alternatives to privatization giving Federal employees the right to come up with streamlining.
It is very bad for diversity in the Federal workplace. Many of these jobs are clerical. I have already gotten feedback from constituents who refer to the clerical workers as ``let's get rid of them; they will be low-hanging fruit.'' Is that the way we refer to the clerical people who are willing to work 24/7 in keeping the FBI or keeping the DOD going? And guess what. Once it goes, it does not allow the Federal workers to rebid to get it back.
All I am saying is, stop the implementation of the May 29 circular. Let's have a better process. Let's have a better plan. I am not opposed to privatization, but I am opposed to this May 29 circular.
I yield back such time as we may have remaining, and I am ready to vote.
Madam President, we now come to the Mikulski amendment. Know that the amendment that just passed with the support of my side of the aisle corrects 5 and only 5 of 15 egregious problems with the May 29 circular. That amendment was a downpayment. But if you want to correct all the grievances, vote for the Mikulski amendment. It does not end privatization. It ends the harsh, punitive, and egregious problems with the May 29 circular.
Stand up for America, stand up for the Federal employees, stand up for the Mikulski amendment and vote aye.
Madam President, I ask for the yeas and nays.