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e only people this amendment affects are U.S. farm workers who happen to be represented by Legal Services as opposed to other private lawyers or other legal aid programs. There are
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The gentleman is doing it on an appropriations bill, a fundamental change in a very narrow subset of one law that happens to deal with the lowest income workers in America today. If there is an argument, which I do not think there is, for allowing defendants against workers who win in lawsuits who ultimately prevail to collect attorneys fees, it should be done across board. It should be given the appropriate hearings. It should go to the Committee on Education and the Workforce and/or to the Committee on the Judiciary, and there should be a discussion of the merits of it to select out farm workers, U.S. farm workers, not H-2A workers, not foreign guest workers; they have no rights under the Migrant and Seasonal Agricultural Workers Act, but to select them out is wrong and also by the way, not authorized under the rules, I think we will find out.
Mr. CHAMBLISS. Mr. Chairman, will the gentleman yield?
Mr. BERMAN. I yield to the gentleman from Georgia.
Mr. CHAMBLISS. Mr. Chairman, I understand this may be subject to a point of order, but my farmers are doing their best to comply with the law to bring legal workers in, and the gentleman and I have had a number of discussions over the last 5 years about making some changes under the H-2A law, to make it a little easier to get those workers in, but what we are seeing is in that Legal Services Corporation is taking those workers that are brought in legally, they are actually bypassing thousands and thousands of workers at farms that are here illegally to get the farm where workers are here legally.
Mr. BERMAN. Mr. Chairman, reclaiming my time, to repeat again, this amendment and the law that it seeks to amend have no application to H-2A workers. None of the regulations, none of the laws affecting them are covered in this law, and the H-2A workers are excluded from coverage under this law. The gentleman's amendment will not even deal with the lawsuits dealing with H-2A that the gentleman is seeking to address with the amendment.
Mr. CHAMBLISS. If the gentleman will continue to yield, I understand the gentleman's point. Let me see if the gentleman agrees with me, in situations somewhere H-2A workers come into this country legally, and we all know they have certain rights under that particular law, would the gentleman agree that there are plaintiff's bars in this country that are very capable of representing those folks as opposed to Legal Services Corporation actively soliciting individuals who are here under the H-2A program to file suits for them and which they are doing on a daily basis in my State, where folks are simply trying to do the right thing, as opposed to the plaintiff's bar representing those folks in cases where there really are harms being done?
The CHAIRMAN. The time of the gentleman from California (Mr. BERMAN) has expired.
Mr. CHAMBLISS. Mr. Chairman, I ask unanimous consent for an additional minute for the gentleman to respond.
The CHAIRMAN. Is there objection to each side having an additional minute?
There was no objection.
The CHAIRMAN. The gentleman from Georgia (Mr. CHAMBLISS) and the gentleman from New York (Mr. SERRANO) each has 1 additional minute.
[Time: 18:45]
Mr. BERMAN. Mr. Chairman, I thank the gentleman for yielding.
I have to disagree with his conclusion. If there is one group of workers in America who are not able to get the services of the private bar because they do not have anywhere near the income to possibly retain them, it is migrant and seasonal agricultural workers. They are employed seasonally; they are getting very low pay; they have no ability to retain private lawyers. This is the classic example of whom the Legal Services Programs should be representing.
Mr. CHAMBLISS. Mr. Chairman, reclaiming my time, that is exactly what plaintiffs' lawyers do. Income is not necessarily a requirement for plaintiffs' lawyers to handle those cases. I understand it may be subject to a point of order, but I think that Legal Services Corporation needs to understand that if we are legislating here, that if they continue with this pattern, we are going to come after them in the legislative role, we will have the necessary hearings, and we are going to proceed with this legislation in the proper forum if this is subject to a point of order.
Mr. SERRANO. Mr. Chairman, let me use the 1 minute that I have been granted to make an observation. I spoke on this floor last week about the fact that we should just be allowed to speak, and the majority wanted the unanimous consent to limit the time. Now I notice that on every amendment, we are adding time. I do not have a problem with it, but if we have an agreement, then we should stick on that agreement.
POINT OF ORDER
Mr. SERRANO. Mr. Chairman, I make a point of order.
The CHAIRMAN. The gentleman will state his point of order.
Mr. SERRANO. Mr. Chairman, I make a point of order against the amendment because it proposes to change existing law and constitutes legislation in an appropriations bill and, therefore, violations clause 2 of Rule XXI, and I am asking for a ruling on the Chair.
The CHAIRMAN. Does the gentleman from Georgia (Mr. CHAMBLISS) wish to be heard on the point of order?
Mr. CHAMBLISS. Mr. Chairman, I will accept the ruling of the Chair, whatever it may be.
The CHAIRMAN. The Chair finds that the amendment proposes to change existing law by mandating specific consequences in certain circumstances involving the Legal Services Corporation . As such, it constitutes legislation in violation of clause 2(c) of Rule XXI.
The point of order is sustained.
The Clerk will read.
The Clerk read as follows:
ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION
None of the funds appropriated in this Act to the Legal Services Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of Public Law 105-119, and all funds appropriated in this Act to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2000 and 2001, respectively.
Marine Mammal Commission
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Commission as authorized by title II of Public Law 92-522, as amended, $1,700,000.
Securities and Exchange Commission
SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109, the rental of space (to include multiple year leases) in the District of Columbia and elsewhere, and not to exceed $3,000 for official reception and representation expenses, $252,624,000 from fees collected in fiscal year 2001 to remain available until expended, and from fees collected in fiscal year 1999, $140,000,000, to remain available until expended; of which not to exceed $10,000 may be used toward funding a permanent secretariat for the International Organization of Securities Commissions; and of which not to exceed $100,000 shall be available for expenses for consultations and meetings hosted by the Commission with foreign governmental and other regulatory officials, members of their delegations, appropriate representatives and staff to exchange views concerning developments relating to securities matters, development and implementation of cooperation agreements concerning securities matters and provision of technical assistance for the development of foreign securities markets, such expenses to include necessary logistic and administrative expenses and the expenses of Commission staff and foreign invitees in attendance at such consultations and meetings including: (1) such incidental expenses as meals taken in the course of such attendance; (2) any travel and transportation to or from such meetings; and (3) any other related lodging or subsistence: Provided, That fees and charges authorized by sections 6(b)(4) of the Securities Act of 1933 (15 U.S.C. 77f(b)(4)) and 31(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78ee(d)) shall be credited to this account as offsetting collections.
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Small Business Administration
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the Small Business Administration as authorized by Public Law 105-135, including hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception and representation expenses, $299,615,000: Provided, That the Administrator is authorized to charge fees to cover the cost of publications developed by the Small Business Administration, and certain loan servicing activities: Provided further, That, notwithstanding 31 U.S.C. 3302, revenues received from all such activities shall be credited to this account, to be available for carrying out these purposes without further appropriations.
AMENDMENT NO. 39 OFFERED BY MR. LATHAM
Mr. LATHAM. Mr. Chairman, I offer an amendment on behalf of the gentleman from Missouri (Mr. TALENT).
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 39 offered by Mr. LATHAM:
In title V, in the item relating to ``SMALL BUSINESS ADMINISTRATION--SALARIES AND EXPENSES'', before the period at the end, insert the following:
: Provided further, That, of the funds made available under this heading, $4,000,000 shall be for the National Veterans Business Development Corporation established under section 33(a) of the Small Business Act (15 U.S.C. 657c)
The CHAIRMAN. Pursuant to the order of the House of Friday, June 23, 2000, the gentleman from Iowa (Mr. LATHAM) and a Member opposed each will control 5 minutes.
Mr. FILNER. Mr. Chairman, I claim the time in opposition, although I am a cosponsor of the amendment.
The CHAIRMAN. Without objection, the gentleman will control the time in opposition.
There was no objection.
Mr. LATHAM. Mr. Chairman, I yield myself such time as I may consume. Today, I rise in strong support of the Talent-Latham-Filner amendment and hope its passage will happen today.
I really want to thank the gentleman from Missouri (Mr. TALENT), the chairman of the Committee on Small Business, and the gentleman from California (Mr. FILNER), a member of the House Committee on Veterans Affairs, my good friends, for their work in the authorization process for these funds. The gentleman from Kentucky (Mr. ROGERS) has also supported this program by including $4 million for the Veterans Entrepreneurship and Small Business Development Program.
This amendment simply designates the $4 million in this program to be used specifically for the National Veterans' Business Development Corporation . These funds will help that corporation establish a cohesive assistance and information network for veteran-owned businesses. These funds will also help the corporation to establish an advisory board on professional certification to work on the problems service members face in transitioning to the private sector workforce.
Mr. Chairman, we owe it to our Nation's servicemen and women to make their transition into civilian life much easier. I urge my colleagues to support this noncontroversial amendment.
Mr. ROGERS. Mr. Chairman, will the gentleman yield?
Mr. LATHAM. I yield to the gentleman from Kentucky.
Mr. ROGERS. Mr. Chairman, let me congratulate the gentleman who is a very hard-working member of our subcommittee and has put many hours into its work, but especially on this particular part of the bill. I want to thank the gentleman for offering the amendment on behalf of the gentleman from Missouri (Mr. TALENT), the chairman of the Committee on Small Business. It is a worthy amendment and one that we wholeheartedly support.
Mr. LATHAM. Mr. Chairman, reclaiming my time, I thank the gentleman very, very much. He has been a true advocate for our cause here; and his allowing us to, first of all, put the money into the bill and also support directing these dollars to where they are really going to help veterans I think is so important.
Again, Mr. Chairman, I want to express my strong support for this amendment and would hope we would be able to pass it by voice vote here today.
Mr. FILNER. Mr. Chairman, I yield myself such time as I may consume.
I rise in strong support of the Talent-Latham-Filner amendment. I want to make sure that everybody understands that this amendment today is simply to clarify language that is contained in the bill before us. What we are asking for or putting in the bill is a provision that directs $4 million that is listed in the bill for veterans' programs to make sure that this $4 million goes specifically to the National Veterans Business Development Corporation . It does not require any offsets because all of the funds are derived from the salaries and expenses account of the Small Business Administration.
The Veterans' Affairs Committee on which I serve and on which I am ranking member of the Subcommittee on Benefits has a long history of interest in and commitment to the issue raised today by this amendment. When we passed H.R. 1568, the Veterans Entrepreneurship and Small Business Development Act of 1999, we incorporated this Business Development Corporation into this through Public Law 106-50. It is a federally chartered corporation responsible for assisting our veterans, especially those veterans who are catastrophically disabled, with the formation and expansion of small businesses.
Mr. Chairman, this amendment clarifies the intent of Congress. Currently, the amount is listed in the committee report as ``Veterans' Programs'' and there is some apprehension about how the SBA would interpret that report language. There has already been a great delay of Public Law 106-50, the Veterans Entrepreneurship and Small Business Development Act, in which the corporation is authorized; and this amendment will put an end to this delay.
This amendment will make it clear that Congress wants the corporation funded and wants to work to establish assistance centers for veterans working with private and public organizations to help veterans get the benefits of the act, the veterans who served this country and deserve our support.
Last year, the Committee on Small Business moved the bill through this House. The committee, led by the gentleman from Missouri (Mr. TALENT), designed the bill to coordinate assistance to veterans who were seeking to start their own businesses and reach for their piece of the American dream. We passed that act unanimously, and the centerpiece of that legislation was the National Veterans Business Development Corporation , which was set up to coordinate private and public sector activities on behalf of veterans and begin the establishment of a nationwide network of veterans assistance centers, which would assist veterans with the help they need to start their own businesses and take hold of their American dream.
This amendment does not take money from any other program, it is there in the bill, and it is intended for this corporation . We clarify the intent and ensure the funds will go to this corporation . We do not increase the amount set forth in the bill.
Veterans who establish their own businesses are a double asset to America. They contribute the skills they acquired through military service to the development of our economy, and they are a key link in the expansion of employment opportunities for others. It is simply good sense to give them meaningful support in today's global economy. After serving our Nation in uniform, our veterans have come home to contribute to America's economic success again and again, not only after World War II, but after every subsequent conflict.
Using the skills gained during their service, veterans have become successful entrepreneurs, continuing to contribute to our Nation through their success. Let us make sure that all of them have a chance to realize the success which, of course, benefits all Americans. I hope we support this amendment, as we supported the authorization bill, that is, unanimously. I thank the gentleman from Missouri (Mr. TALENT) for offering the amendment, and I thank the gentleman from Iowa (Mr. LATHAM) for being here today to present this amendment.
The CHAIRMAN. All time has expired on the amendment.
The question is on the amendment offered by the gentleman from Iowa (Mr. LATHAM).
The amendment was agreed to.
Mr. ROGERS. Mr. Chairman, I ask unanimous consent that the remainder of the bill through page 102, line 14 be
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The CHAIRMAN. Is there objection to the request of the gentleman from Kentucky?
There was no objection.
The text of the bill from page 95, line 4 through page 102, line 14 is as follows:
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended (5 U.S.C. App.), $10,905,000.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of direct loans, $2,500,000, to be available until expended; and for the cost of guaranteed loans, $137,800,000, as authorized by 15 U.S.C. 631 note, of which $45,000,000 shall remain available until September 30, 2002: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That during fiscal year 2001, commitments to guarantee loans under section 503 of the Small Business Investment Act of 1958, as amended, shall not exceed $3,750,000,000: Provided further, That during fiscal year 2001, commitments for general business loans authorized under section 7(a) of the Small Business Act, as amended, shall not exceed $10,000,000,000 without prior notification of the Committees on Appropriations of the House of Representatives and Senate in accordance with section 605 of this Act: Provided further, That during fiscal year 2001, commitments to guarantee loans under section 303(b) of the Small Business Investment Act of 1958, as amended, shall not exceed $500,000,000.
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