LEGISLATION TO AVOID OCTOBER PAY CUT
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CIA-RDP85B01152R001001360020-7
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RIFPUB
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K
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2
Document Creation Date:
December 20, 2016
Document Release Date:
December 14, 2007
Sequence Number:
20
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Publication Date:
September 13, 1983
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Approved For Release 2007/12/14: CIA-RDP85BOl 152RO01001360020-7
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H 6810 ' CONG ?
R
ESSIONAL RECORD - HOUSE'. . September 19, 1983
January 1, 1983, as the Tricentennial Ann!- the commodities are en route to a par- with the administrative procedures set forth
vE rsary Year of German Settlement in
America, and urge all Americans to observe ucuiar destination. Under such condi- the Act.* J
the year with appropriate ceremonies and tions, credit checks, conditional sales e7
activities. agreements, and 'other . tradition
}
In witness whereof, I have hereundo set safeguards are not possible. Und
ey)LEGISLATION TO AVOID
- ._ . __ 1 3.E - - -_--.
- I-A aL I_ nna,_ ~_-_
of
er
f
?
s o
resh 11 uits A
of - -
our Lord nineteen hundred and eighty- vegetables are Unsecured creditors an ?< v
three, and of the Independence of the The SPEAKER pro teo
Under
receive little protection
use t
k
ed
o /a.a
6 Ronald Reagan ""
e payment as re- k recognized for 10 minutes.
Mr. _ Speaker, on this occasion: of quired by the contract. ,,,,. ,,'?: ? Mr. FORD of Michigan. Mr, Speak-
commemorating the courage and hero- The bill' as would remedy er
I introduced t
d
-
,
o
ay,
le gislation
ism of Gen. Friedrich von Steuben. I this situation by impressing a trust in which will delay the effective date of
send -my greetings and best wishes to behalf of the unpaid seller on the in- section 310(b) of the Omnibus Budget
all German Americans who reside in ventories, commodities, or proceeds of Reconciliation Act.of 1982 until the ef-
the 11th Congressional District of Ills= sale 0 f such'commoditiesin the hands, fective date 'of the next Federal em-
nois which I am honored to represent, of the commission merchant,, dealer, ployee pay increase. This bill is sup-
and to German-Americans all over the or broker in the same manner as has ported by 'a majority of the members
Nation, who are paying tribute to this been -provided by amendments to the of the Committee on Post office and
great American, and who are veto this Packers. and Stockyards Act adopted Civil Service, and I hope the House-
.
ing the many lasting contributions of 1976. will consider it next week. 'Unless-this men and women of German ancestry I have provided below a brief analy- bill is enacted prior-to October 1, hun-
which have added to America's sis of the. amendment
great- deeds will thousands of Federal employ-
ness, - since the first German settle- ? SECrrox-sY-SECarox ANALYSIS - ees will suffer an unintended and un-
ment in-this country almost 300 years -Section 1 of the bill would amend section expected pay cut this October.' -
ago. 5 of the Perishable Agricultural Commod- Section 310(b) 'was one .of several
- .' .. >,? ' - - . ,:? = --? ` ~ , ' - ides Act as follows:
(1) It declares as a finding by Congress provisions reluctantly accepted by, the
The SPEAKER pro. tempore. _IInder that a burden on commerce is caused by fi- House conferees on the 1982 -budget
a previous order of the House, the gen- -na.ncing arrangements under which-commis reconciliation bill. ' These provisions
,
tleman from Texas (Mr. GoNZALEZ) is -sion merchants, dealers, or' brokers who which- -adversely affected Federal em-
recognized for 5 minutes.:. have not made payment.for perishable agri= . ployees and retirees, were necessary to
[Mr.- GONZALEZ -addressed the cultural-commodities purchased or handled achieve the spending cuts required by
? by. them in behalf of another person;-en- the administration's' economic pro
House. His remarks will appear hereaf- cumb
i
l
er, or g
ve
enders a security interest in
ter irl theExtensionsof Remarks.]---.-. such commodities, and that such arrange- gram. Section 310(b), for example, was
- -. menu, are-cont estimated to save $120 million in fiscal
rary to the public interest. year 1984. I should
LEGISLATION TO AMEND THE (2) It provides that' perishable agricultural point out that al-
GISLAABLE="_ AGRiGULTURAE commodities received by a commission me, though the House finally approved
h
c
ant; dealer, or-broker in al]-transactions;--the conference report-it was rejected
COMMODITIES ACT - ------ and all inventories; receivables,-'or proceeds - the 'first time it was considered-I and
The SPEAKER pro tempore: Under from such perishable agricultural. commod- a majority of the memb
f
ers o
.the
a previous order of the House,-the.sen- ties,-shall-be-held by such handlers in trust Committee on Post Office and Civil
--tlema.n from Texas (Mr__ nE LA GAgZp) for-the nefitof alldines until -s or sup Service voted against.it. -
is recognized for 5 minutes. - -pliers of such commodities until full j ay- ,
merit is made. It further provides that pay- Section 310(b) requires a bookkeep-
? Mr. DE--1:A-GARZA: Mr.- Speaker,_1 -went -shall not be considered to have been--mg change in the way pay is computed
"have.-'.introduced a-;bill_today_ -that-made -if-the s_upplier,..-seller,- or- agent re- general schedule, white-collar-and
would amend-the=Perishable Agrieul=- "ceives'a payment instrument which is dis- most=other annual - rate- Federal em-
tural Commodities Act by imposing. s-honored. Transactions between an agricul- " ployees. In order to .'compute pay-
trust---on= thea commodities=and--sales -t'om' cooperative association .and_its _mem_checks---for these .employees their
proceeds of -perisha-bie--agficultue~-'bers.are.exempted-from these special-provi--salaries -salaries must=be converted into
commodities for-the-benefit of.unpaid sion.-
sellers. (3) It provides that the unpaid seller will - h idin ratee aCurrently, this is done by
The Perishable__A lose the-benefits of such trust unless such dividing the nnua3 salary by 2, 080
gricultural_Com-_person-or--agent) gives written -notice 'of, hours-number of hours in 52 weeks of
modities=Act-was--enacted--in_ 930-to = intent--W.-preserve the- enefits=of-the tnlst--40~hours- each.-Jn "fact,--however, each
encourage-fair aradingractices in -the - to the - commission . merchant; dealer, or. year there is a fraction of a week more
-marketing of_perishable=commodities=~roker~nd lies filed such notice with-the-than-52-weeks-which means employees
-
by -.prohibiting unfair- and ? fraudulent Secretary-within30-business -days: fl).after are-being.-paid a_little'more_ than-their
business practices and providing for--expiration of-the time - by 'which payment -stated annual rate in, most. calendar
collecting-damages fromany buyer or 'must n?ade as-prescribed -in-regulations-
_ sellerwhD fai}s, `"- wed by the Secretary-(iii-after-expiration years:- To save money, the ReconcW-
-hp.~ (~of such other time' as the parti?s have ex- ation Act requires. that for-fiscal years
tract obligations: pressly agreed to in writing-before entering - 1984 and 1985 the more mathematical- -
The act.has generally worked well in into the transaction; or (iii) after the time ly accurate. divisor--of 2,087 hours
making .the ,marketing :of .perishable the supplier,; seller, or agent has received should be used to compute hourly
agricultural commodities more orderly notice that the payment instrument .pre- rates.
and efficient. However, in recent years sentea for payment has been dishonored. Accordin to th
th
Offi
4
e
) it vests the United States district ce of Personnel
ere has been a substantial increase (
Management, use. of the new divisor
in instances where commission mer? courts with jurisdiction on (a) actions by g
chants, dealers, or brokers have failed 'trust beneficiaries to enforce payment, and will mean pay cuts- of. $3.20 to $8.80
to pay for perishable agricultural co m= (b) actions by the Secretary. to prevent and -?per, pay period for-affected employees.
maae __-___ -_-?' r....,.,aa,-~w.uab w _- _ _-.._.... r..,,- ....u.yaa auuaby
- maintain the trust toareparations olderfor ? adjustments. Thus, although the new
quickly, or they: are not._made-at Sall: damages-~;-the-Secretary.-or-to suspension r: visor means a slight: pay-.reduction,
Many sales-?are-consummated=~d
hiie=hi revodstiaa-of
e o ,anyco- effect with the pay periods beginning-
Sellers
: -of- perishable agricultural sion merchant, dealer, or broker to maintain.
commodities are often located -thou- - the trust for the benefit of the seller as re. on or after October-1. This coincides
sands - of miles from=their+~?.t.,.,e,.r-Q ed under section 5(c). A violating, n4 ,_ with the traditional effective date for
restrain dissipation of the trust. To minimize the impact on.employees,
modities received .by . them or have - Section 2 of the bill amends section.2(4) of the: Reconciliation Act-, provides the -
b
for. een slow- in . makmg ,payment -there-- the-Act by defining-:as unfair-conduct- and-:new- ;computation method will take
',- - - 'an unlawful act -the faller f
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?
September T , 1981 CONGRESSIONAL RECORD - HMSE ,H 6811
was' expected to take effect at' the' than enough discrimination. This is a out obligations of the United States
same time would more than compen- case where the Federal Government under. `the International energy "pro-
sate for it, and employees take home can eliminate one form of discrimina- gram. The strategic petroleum reserve.
pay would still increase. tion and help to make blind persons with 353 million barrels of-crude oil in
The President has now formally pro- more independent and self-sufficient. . storage, now represents a substantial
posed delaying - the pay adjustment - It is -for these reasons that h am in- deterrance against -politically inspired
until next January, and capping it at troducing_ my resolution today. I be- disruptions of U-S. energy import. -Yet
3.5 percent. Congress may- or may' not lieve the Treasury Department has the full advantage of this significant
.go along with the President's plan. It the-capability to make the changes In strategic reserve is unrealized. .
earlier endorsed a 4-percent increase. our currency that. can make `individual On December 1, 1982, the Depart-.
.But in the meantime affected employ, bills,. identifiable to blind persons' meet of Energy submitted a report to
ees will suffer a pay cut in 2. weeks as a merely by touch. Various proposals` Congress on their plan for the draw-
result of the President's plan to delay have been suggested for changing our down `and distribution of the strategic
the annual pay adjustment. * ' - currency in this manner. These in- petroleum . _ -reserve.:;.. Speaking. for
The bill I introduced will avoid an elude cutting"corners of bill, using spe-, myself and a number of my colleagues,--
October pay cut. Specifically, it pro- vial embossing, and assigning different we are disappointed that this report -
vides the new computation method' sizes to the various denominations. It did not sufficiently detail how this
will not take effect until the pay com- is not my intention to force the Treas- strategic resourcedisruption, would be. utilized
parability adjustment also takes ury Department to adopt any particu- under a severe of U.S.
effect. Thus the reduction required by lar idea; rather, I believe due should en energy supplies. However,"the problem
the new computation method will be courage the Department to study this- is larger than the general. inadequacy
more than" offset by. the pay'compara.-' issue and to come up -with the most of the report.
bility adjustment.? ' r - 'cost-effective approach, after consults- ' Historically, 'concerns about SPR
tioti with appropriate individuals, buss- crude oil quality and drawdown capa-
th ffective
-
ft
d
d
rap
e e
a
e
bihty have undermine
The SPEAKER pro tempore. Under nesses, and organizations an
a previous order of -the House, the gen- propriate experimentation- - ness of the SPR as a stabilizing factor
tlewoman- from Ohio (Ms. OAicAa is Mr. Speaker, most of us take "for on .the oil market. Indeed, the public
recognized for 10 minutes. granted our ability to take, money=out' confidence that the' strategic . Petro-
[Ms. OAKAR addressed the-'House. of our wallets,-pay-for an'item, and re leum reserve was, in part, designed to
Her remarks ,rill appear hereafter in ceive and count our -change.'The blind;` provide has suffered from those same
the Extensions of Remarks.] in, our society,. who face so many : concerns:. A required-test drawdown,
handicaps, also must contend with the. and sale of a small
- _- CALLING ON "-out hap'-of not being-able- to .carry amount -of the strategic, petroleum re-7
RESOLUTION '
TREASURY SECRETARY - TO --out these everyday functions without serve crude oil will serve to quiet these
MAKE U.S.- CURRENCY- USABLE extreme- difficulty. We can eliminate concerns.-
this-handicap and I-believe we-should. -Department of--Energy-officials have
BY THE BLIND
'do it. I hope my colleagues feel the stated the need "to test the Govern-
-The SPEAKER pro tempore. Under same way and will join me in. sponsor- meat-procurement system for-the sale
a previous -order _of_the House, the gen- -ing this resolution of crude oil. Though-the Government
tleman'from California (Mr. PANErTA)- Atthis point in the RECORD, I would procures, oil for oit verno nt
is recognized for 5 minutes.: - like to insert the text of my resolu- p
. ee selling -oil, nor have the ex-.
? Mr. PANETTA. Mr: Speaker. i am tion: procu __peri rice sell ng -oil, nor oven pa
today introducing -resolution which H. Cori. RES. 163 -and ---subjected to "- legal- scrutiny in
would express the sense of the Con-' Concurrent resolution expressing the sense market conditions. The SPR with over
gress :that-the_Secretary,of-the-Treas--__ oft -Gong ess that the. Secretary of the 350.. million barrels of oil is now the
ury should develop.a method=forprmt -< Treasury should .develop a =metho(.J'for 'largest U.S. stockpile and .potentially
frig our national currency that makes printing currency in a-manner which-will--t-re-largest-source of, crude oil sales
the denomination-of .the currency make the denomination-of such-
currency-identifiable to blind persons. .readily_identifiable-to an individual who is
As my colleagues know, our paper blind = ;" _ s~1ch as3 am proposing would give the
currency is not understandable by the- Resolved.by the House of Representatives Department tl1i Isperience and-
blind. All demoninations are made in fthe Senate. concurring), That it is the sense- better ,prepare-the Government 'and
the " same size and only the.. visibl of the -Congress-that .the Secretary-of-the--= industry in :the . event of . an . -actual
e-TreasurYshould develop a method-for-print- major_oii supply nterruption_ naliv
printing on the currency distinguishes-u;g currency. in a manner which will make --a 'SPRdrawdowlr would T test. bottr ---
'.
one denomination from-another.-This-the denominailon-af-such~urrencyeadilystem logistic:capabilities and market
is-unlike-many-currineies-..around=-the_identifisblet*-an individual vvho s_ Iind s-.,,,hie f?r the 'diverce_-Crude oil types
world, which are printed._indifferent _ - .stored-in-theSPR salt domes.
sizes , THE STRATEGIC PETROLEUM. In -hesiings._before the Subcommit- .
It_should-beclear that this situation RESERVE - tee _~~?ossil and ynthetic-EOels the puts blind people at a distinct disad
vantagein everyday life on top of the__' The .SPEAKER pro tempore Under Secretary .of.Energy , indicated ?a test
obvious dipadvantages' - they --already a previous order of the House, the gen- We of SPR.crude oil-would-be an of-_=
xchange- in : tleman from Indiana (Mr.' Saexp) 'is fective way' to -help prepare the -SPR -
..fade, In . practically ;every exchange-in.'
a store; in a'-bank, or anywhere else recognized for 5 minutes..: for its ultimate-use.in offsetting a serf-?
that-money is involved, they must rely. ?- Mr. SHARP.- Mr- Speaker, today _I ous_,oil -supply interruption. At that
on the honesty and accuracy of other am introducing a -bill to improve the time the 'Secretary: expressed some
individuals. In addition, the number of- reliability and_._effectiveness of the concerns=about r the -administrative
jobs that blind persons can hold is strategic petroleum reserve. The bill I&-. costs arid the almost certain- prospect:
even further reduced by this problem, an amendment, to the Energy Policy' of,having to repurchase displaced sup
as they generally cannot perform any_ and 'Conservation Act and requires--a'-.)plies at ;higher; .costs. -Staff-- estimates,
function which requires -- the counting -test drawdo'wn', distribution, and sale .the-cost:-of,-such a`. test 4o ibebetween
of paper money. of a portion of the: strategic petroleum $5 and $10 million: While snot insignifi-:
As long as we can, without undue reserve crude oil. ' ?' 'cant, this -is .a -modest Price to pay to,
cost, alter -our- currency to enable the The strategic petroleum reserve was :'~t.the multibillion-dollar reserve and
blind -to .identify-the various -denomi- -created-10L-store : substantial -quantities -provide- public assurance of -its viabil-
nations I believe=::itamountgto:-unfair-offpetroleum-in order to- diminish U.S ity in awe of .national-crisis.
discrirination-not to-make the -neces -vulnerability= to the effects of--asevere -During these same. hearings the- De=
sary changes.-The blind 'face--more=energy supply = nterruption;_iir to-carry--__partment_of -Energy-argued that: cur-
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