Tom Davis

Mr. DAVIS

Mr. DAVIS. Mr. Chairman, I urge adoption of the amendment.

Mr. DAVIS. Mr. Chairman, I offer an amendment.

Mr. DAVIS. I yield to the gentleman from New York.

Mr. DAVIS

Mr. DAVIS. Mr. Speaker, I rise in support of H.R. 1508, the National Children's Island Act. Ms. Eleanor Holmes Norton, the Delegate from the District of Columbia and the author of this legislation, is to be commended for her strong advocacy of this project. Her role in shepherding this legislation through the 104th Congress shows the importance of skillful advocacy in behalf of worthwhile legislation. The act is of significance for three reasons. First, it is a splendid example of how the Republicans of the 104th Congress are working together with the District of Columbia to make our Nation's Capital a more attractive place to live, work, and visit. This act transfers property from the National Park Service to the District of Columbia. This transfer has the effect of making the city the lead agency for the development of this property. This is the way Congress should relate to the city. It is not prudent for Congress to be deeply involved in the details of the development of Children's Island. The city, working together with the private sector, is fully capable of bringing this project to a timely and successful completion. This project is also significant because of the way Congress has handled it internally. This legislation deals with the transfer of National Park Service property. It is entirely proper that the Resources Committee had primary jurisdiction over H.R. 1508. I want to commend the work of both the Subcommittee on National Parks, Forests, and Lands under the able leadership of Mr. Hansen and the full Resources Committee under the able leadership of Mr. Young. Their outstanding work made it possible for the Government Reform and Oversight Committee to waive jurisdiction over this bill. By waiving jurisdiction, this project will be able to go forward in a timely manner without any prejudice to the Federal interest. I would also like to point out that in past Congresses the former District of Columbia Committee examined this issue. I have found no opposition to this legislation among members of the former Committee. Finally, I think it is fitting that we pass this legislation and enable this project on the first day of the White House Conference on Travel and Tourism. This conference points to the importance of the tourist industry for our Nation generally and our capital region specifically. Tourism is crucial to the economic well being of the entire Washington Metropolitan Area. Tourism is the number one private sector employer in the District of Columbia and is second only to the Government itself as an employer. As the Federal Government continues to shrink it is vital that we do what we can in both the Congress and the executive branch to boost the region's economic development in areas outside Government. The Republicans of the 104th Congress working with Democrats in Congress and the city have already taken significant steps to strengthen tourism as a regional industry. We approved legislation which enabled the city to proceed with the new MCI Center at Gallery Place and to plan for a new convention center. The Children's Island project is another example of the positive partnership we are establishing. Once again, I want to commend the able leadership Ms. Norton has shown on this project.

Mr. DAVIS

Mr. DAVIS. Mr. Speaker, I rise to voice my strong support for this important legislation and to thank my friend and neighbor, Mr. Wolf, for crafting this solution to what has become a stifling regulatory burden on the free speech rights of Federal employees. I would also like to thank Mr. Canady, chairman of the Subcommittee on the Constitution, for sheparding this bill through the legislative process and bringing it to the floor today. The Federal Employee Representation Improvement Act corrects a Department of Justice [DOJ] legal opinion that promulgated an overly broad interpretation of section 205 of the 1962 Government Ethics Statute, Public Law 87-849. This controversial legal opinion stated that Federal employees would be subject to prosecution if they communicated with the U.S. Government in any way on any matter currently before a Federal agency. Now, this might make sense in the context of Federal employees interfering in a rulemaking that affects the general public, but the Department of Justice legal opinion is so overbroad that it could be interpreted to forbid Federal employees from contacting their employing agency regarding personnel and administrative matters. I have been contacted by numerous constituents who report that the DOJ legal opinion has had a chilling effect on what we all would agree are merely routine contacts between employees and management. Federal employees are currently afraid to communicate with management regarding administrative issues in Federal agencies, such as child care centers, health and fitness facilities, credit unions, and professional associations. The modern workplace is often the site of many activities that are not related to the official duties carried out by the office or agency. Employees should be encouraged to get involved in these activities and to speak out when necessary. H.R. 782 will correct the existing confusion and allow an open dialog on administrative issues within government agencies. I believe it is especially appropriate that we advance this legislation via the new corrections day procedure which was designed by the Speaker to resolve poorly written or interpreted regulations and laws. H.R. 782 will correct an overbroad legal opinion that has stifled the open exchange of views in the Federal workplace on administrative and quality of life issues. I urge my colleagues to unanimously support this important legislation. [[Page H 10670]]

Mr. DAVIS

Mr. DAVIS. Mr. Speaker, it is with great pleasure that my colleague and I honor one of northern Virginia's pioneers, Arthur W. ``Nick'' Arundel. Mr. Arundel, has over the last 30 years built the Times Community Newspapers into a chain of 16 weekly publications stretching from Fairfax County west through the Piedmont. Today we are proud that he has received the Suburban Newspapers of America's 1995 Dean S. Lecher Award for his decades of contributions to suburban journalism. Mr. Arundel's career started when he was hired by famed CBS correspondent Edward R. Murrow to be a reporter in the network's Washington bureau in 1956. In 1960, having developed an entrepreneurial itch, he bought a bankrupt country and western radio station in Washington, renamed it WAVA and created the first all-news radio station in the country. The station was a phenomenal success. In 1965 he started the Times Community Newspapers with his acquisition of the 175- [[Page E 2005]] year-old Loudon Times Mirror. His next acquisition was the fledgling Reston Times, which planted the Times Community Newspapers' flag in Fairfax County. Today the Fairfax group includes 11 papers. Nick Arundel has continued to build his Times Community Newspaper chain right through last month, when he acquired the McLean Providence Journal and its sister paper, the Great Falls Current, from Dear Communications. With those acquisitions, Times Community Newspapers now circulates to nearly 200,000 households in northern Virginia. In addition to his success as a newspaper mogul, Nick Arundel is a graduate of Harvard University. He served 4 years as a decorated and twice wounded Marine Corps parachute officer in both the Korean and Vietnam wars. Nick Arundel and his wife Margaret ``Peggy'' live in The Plains, a community he has helped restore, particularly through his creation, in the 1980's, of Great Meadow. Through his hard work he has turned it into the home of the Virginia Gold Cup steeple chase races. Mr. Speaker, we know our colleagues join us in paying tribute to Arthur W. ``Nick'' Arundel for his many years of hard work and dedication, and for making northern Virginia a better place to live.

Mr. DAVIS

Mr. DAVIS. Mr. Speaker, my colleagues and I rise today to pay tribute to Dr. Edward H. Bersoff who will be honored on October 20, 1995 by the Northern Virginia Community Foundation [NVCF] for all his contributions to improving the quality of life in northern Virginia. The Northern Virginia Community Foundation is a community endowment that supports the arts, education, health, community improvement, and youth issues. The foundation does not duplicate efforts of existing charitable organizations, but assists ongoing community projects and specific programs of established groups. Contributions are used only for local needs and provide a reserve fund to meet unforeseen critical emergencies. The foundation is managed by a board of directors representing all areas of northern Virginia. Dr. Edward H. Bersoff, president, CEO, and founder of BTG, Inc., is a pioneer in the technology community. He founded BTG in 1982 and reported a revenue of $156 million in its most recent fiscal year. BTG also employs 650 people, the majority in northern Virginia. Dr. Bersoff is well known in northern Virginia, where he serves as chairman of the Fairfax County Chamber of Commerce and on the information technology advisory group for the Fairfax County government. He was the first chairman of the Northern Virginia Technology Council and chaired the technology work group of the Virginia Economic Recovery Commission. Dr. Bersoff also serves on boards of the Washington Airports Task Force, the Inova Health Care Services Board, and the advisory council of the Minority Business Association of Northern Virginia. In addition, he is past president of the Northern Virginia Community College Educational Foundation and was a member of the board of directors of Virgina's Center for Innovative Technology. He served on the Navy C3I Subcommittee of the National Security Industrial Association, chairs the Professional Services Council and is a senior member of the Institute for Electrical and Electronics Engineers. Dr. Bersoff is also the director of the Armed Forces Communications and Electronics Association. A longtime supporter of education, Dr. Bersoff received his A.B., M.S., and Ph.D. degrees in mathematics from New York University and is a graduate of the Harvard Business School Owned/President Management Program. He taught mathematics at Kingsborough Community College in New York, Northeastern and Boston Universities in Massachusetts, and the American University in Washington, DC. He coauthored one of the first textbooks on the technology of Software Configuration Management. Dr. Bersoff received the 1993 Northern Virginia Technology Council Leadership in Technology Award and was named one of the 1994 Washington Area Entrepreneurs of the Year. His wife Marilynn is vice president of administration at BTG, Inc. Mr. Speaker, we know our colleagues join us in honoring Dr. Edward H. Bersoff on his leadership in the technology community and his outstanding accomplishments in northern Virgina.

Mr. DAVIS

Mr. DAVIS. Madam Speaker, I ask unanimous consent to postpone consideration of the President's veto message on the bill H.R. 1854 until Thursday, October 12, 1995.

Mr. DAVIS

Mr. DAVIS. Madam Speaker, I move that the House do now adjourn.

Mr. DAVIS

Mr. DAVIS. Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks on the veto message of the President to the bill, H.R. 1854, and that I may include tabular and extraneous material.

Mr. DAVIS

Mr. DAVIS. Mr. Chairman, I rise today to express my support for H.R. 1601, the International Space Station Authorization Act of 1995. This bill gives NASA the authority to proceed with its current space station development plan, extending the authorization through complete assembly in fiscal year 2002. H.R. 1601 authorizes a total of $13.1 billion for station, with authorizations not to exceed $2.1 billion in any 1 fiscal year. Importantly, the authorization is conditioned upon each year's success, meaning NASA must be on time and on budget for this legislation to remain effective. As you are aware the space station has gone through numerous redesigns since its inception in 1984, as the space station Freedom program. The redesigns and the on-again, off-again nature of space station budgets has led to increased costs. The bill before us is essential if we are to secure completion of the international space station, ensure reduced costs, and demonstrate to our international partners our commitment to completing this long-awaited project. The international space station is the largest international scientific and technological endeavor ever undertaken. The project is taking shape not only here at home, but in 13 nations around the world. The space station will provide a permanent laboratory in an environment where gravity, temperature, and pressure can be changed and manipulated in such a way that is not possible on Earth. The opportunities for scientific and technical experimentation and for educational growth are unmatched. The station will clearly be the scientific testbed for the technologies of the future. It will allow us to expand our existing capabilities in areas such as telecommunications, medical research, and new and advanced industrial materials. And the technologies we develop in space will have immediate and practical applications for our citizens on Earth. Mr. Chairman, the space station project is essential for the United States if we are to maintain our commitment and leadership in space. It will serve as the driving force for the technical R&D that will keep us competitive in the 21st century. Further, it will inspire our children, and foster their interest in space and science. I urge my colleagues to support H.R. 1601.

Mr. DAVIS

Mr. DAVIS. Mr. Speaker, I rise today to pay tribute to Mr. Vincent M. Picciano who is retiring as the director of court services for the Juvenile and Domestic Relations Court in Fairfax County, VA. For the past 34 years Vince has served the court, first as a probation counselor, then as probation supervisor. In 1965, he became its director where he was responsible for a wide range of intake, probation, detention, and other residential services. At the court he has been instrumental in implementing an extensive management information system and has overseen the design and construction of a major juvenile courthouse renovation project plus four youth residential programs with several new ones planned. In addition to his duties as director of the court, Mr. Picciano has served as chair of the Virginia Court Directors Association, the Virginia Juvenile Officers Association as well as other local and regional groups addressing the needs of youth and families in trouble. He is currently president of CASA, Fairfax County's Court Appointed Special Advocate program for abused and neglected children. Mr. Speaker, I know my colleagues join me in honoring Vincent M. Picciano for his many years of service to the Juvenile and Domestic Relations Court and his community of Fairfax, VA and wish him well in his retirement. [[Page E 1841]]

Mr. DAVIS

Mr. DAVIS. Mr. Speaker, I rise today to pay tribute to the Warner Baptist Church at Bailey's Crossroads, VA, which will be celebrating its 75th anniversary from October 8, 1995, through October 14, 1995. The Warner Baptist Church, which is located in northern Virginia, has a long, proud, and colorful history. After being emancipated in the 1800's a group of families who had suffered through many years of slavery traveled on foot through swamps and wilderness carrying their few belongings, and settled at Bailey's Crossroads, VA. One of the dreams and major goals of this group was to erect a building dedicated to God where they could commune together as a body and worship and serve God. In 1861, 1 acre of land was donated to the citizens of Bailey's Crossroads by Mr. B.H. Warner, a white citizen of Washington, DC, for the express purpose of erecting a school or church. From 1881 to 1920, church services were held under a small group of trees on the land and in inclimate weather, services were held in a store located on Columbia Pike. In 1919 ground was broken for the erection of a church building and lumber was shipped by freight train from a sawmill in Herndon, VA, to Barcroft, VA, and was transported by horse and wagon to the building site. After much hard labor, the Warner Baptist Church, which served the community as a place of worship and an educational facility, was completed and the cornerstone was laid on August 20, 1920. In 1962 ground was broken, and the construction of a new edifice adjacent to the 1920 building was begun. With most of the labor, including masonry, being performed by members of the church and volunteers from the community, the present church building was dedicated in November 1964. Since that time, the church has prospered and presently provides services on the local, State, and international levels through it's many ministries and outreach programs. Its current pastor, Matthew Pearson, has been a civic leader in Fairfax County who was instrumental in building the first shelter for the homeless in the county. Mr. Speaker, I know my colleagues join me in honoring the Warner Baptist Church for its many contributions to its parishioners and its surrounding community as it celebrates its 75th anniversary. [[Page E 1844]]

Mr. DAVIS

Mr. DAVIS. Mr. Speaker, I rise today to honor the Epiphany Byzantine Catholic Church of Annandale, VA, which is celebrating its 25th anniversary on Sunday, September 24, 1995. The parish was founded in 1970 by a few Slavic people with a vision and love for their Byzantine Rite. Many of the founders were first generation Americans who wanted a place to worship in the traditions of their Slavic ancestors. Since that time the parish has grown and become an integral part of the community and serves over 300 families of diverse ethnic and cultural backgrounds who live in the Washington metropolitan area. In 1973, the construction of Epiphany Byzantine Catholic Church was completed and on April 29 was dedicated. Father John Danilak who served as pastor at that time wrote the following to parishioners: ``The erection of this beautiful edifice shall ever by a living testimonial of the generations of the unborn, and it will be a memorial to of your ardent faith and an inspiration for your children to manifest the God- given faith and the glorious heritage that you will entrust to them. May the doors of the Epiphany Church be always open to all who seek the soothing balm of Christ's healing graces and that there be charity and love for the helpless, and that Epiphany serve as a reservoir of moral strength for the weak, a sanctuary for the oppressed and comfort and consolation for the aged and forgotten.'' Since those words were written in 1973, Epiphany Byzantine Catholic Church has strived to fulfill this commitment. The parish has grown and people of different cultures and backgrounds attend and participate in the religious services. Yet, the goals set in 1973 remain unchanged. Epiphany Byzantine Catholic Church continues to nurture its family in the gospel of Jesus Christ, through the unique genius of the Byzantine Rite. In 1987, the multipurpose parish center was dedicated and serves as a place for parishioners and the community to meet for educational and social events. The parish not only continues traditions of the Slavic people but also the ethnic and cultural traditions of their parents and grandparents. Epiphany Parish is truly committed to the Byzantine Catholic Rite and welcomes all who desire to worship with them. Mr. Speaker, I know my colleagues join me in honoring the Epiphany Byzantine Catholic Church on the occasion of its 25th anniversary.

Mr. DAVIS

Mr. DAVIS. Mr. Speaker, I rise today to discuss the repeal of the Government sugar program. There is no plausible reason why our Government is involved with setting and controlling the price of sugar. It is Big Government at its worst. It is a sweet deal for a wealthy few. It promotes the destruction of one of our prized environmental landmarks--the Florida Everglades. [[Page H 9254]] Because of this program, every citizen pays a hidden tax that takes money out of the pockets of American consumers to the tune of more than $1.4 billion every year in higher food prices, according to GAO. This hidden tax has cost Americans more than $10 billion over the last decade. In addition, the consumer interest group Public Voice has recently estimated that the sugar program has cost the Federal Government $110 million annually because of higher purchase prices for sugar and sugar containing products used in domestic feeding and food programs. This is money that my constituents could be saving, investing, or using to buy needed items for their families and children. But because of this program, they must pay higher prices on everything containing sugar--all because of the Federal Government interfering in the marketplace. This fall the House will be debating a new farm bill. We will also be debating the budget reconciliation bill that will balance the Federal budget in 7 years, which will force substantial cuts in farm commodity programs such as wheat, dairy, corn, cotton, and rice. While these programs have faced cuts on average of 40 percent since 1985, sugar has not been cut one iota. This is simply unacceptable. Mr. Speaker, I urge my colleagues to vote for repeal of this program.

Mr. DAVIS

Mr. DAVIS. Mr. Chairman, I am pleased to rise in support of this important piece of legislation, and specifically in support of the provisions of this bill that authorize Sallie Mae to reorganize into a fully private company. This is one of those moments that I can state without reservation that what is good for northern Virginia is good for the country, and vice versa. Sallie Mae employs over 1,000 highly skilled workers in Fairfax County, VA. Their presence is an important part of that community not only in terms of the jobs they provide, but in their commitment to community service activities in the region. Privatizing Sallie Mae will be a boost to northern Virginia, as it holds the promise of a growing Sallie Mae presence in that area, in contrast with the work force contractions which the company has undertaken over the past year. More importantly, however, Sallie Mae's privatization is good for the American taxpayer. Today, unbeknownst to them, taxpayers are standing behind Sallie Mae's more than $50 billion in outstanding indebtedness. While there is no formal Federal guarantee on Sallie Mae's debt, those who purchase Sallie Mae securities do so based on their perceived ability to look to the Federal Treasury if Sallie Mae were to default on its obligations. Ridding the taxpayer of this sort of off-balance- sheet liability is good public policy and it is the right thing to do for the American people. Sallie Mae has done a great service to this country as it has fulfilled its mission to assure access to student loans. More than $20 billion in student loans flowed through guaranteed loan programs last year, making a college education affordable for millions of American families. As a private company, Sallie Mae will continue to meet that need, and it will be free to use its technological and personnel resources to serve higher education in new and innovative ways. Sallie Mae no longer needs to be a government-sponsored enterprise [GSE] to meet the needs of students, parents, and schools. Through this action today, the Congress is demonstrating to the American people its willingness to cut the Federal Government's ties when they are no longer needed. This action is reinventing government at its best and I am pleased to be closely associated with this effort. Northern Virginia and the Nation will be better places as a result.

Mr. DAVIS

Mr. DAVIS. I yield to the gentleman from Pennsylvania.

Mr. DAVIS. Mr. Chairman, I move to strike the requisite number of words. Mr. Chairman, I would like to ask a few questions, if I could, to the chairman of the committee and the author of this legislation to try to clear up, I think, some comments that have been made perhaps in haste, or misunderstanding, on the floor. First of all, as I read the bill and I read this amendment, if this amendment fails, is not the standard in the bill still full and open competition?

Mr. DAVIS. I yield to the gentleman from Pennsylvania.

Mr. DAVIS. Mr. Speaker, I thank the gentleman for yielding me this time. I want to first of all compliment the chairman, the gentleman from Pennsylvania [Mr. Clinger], and the chairman, the gentleman from South Carolina [Mr. Spence], for putting this bill together, putting a broad coalition of groups interested in expediting the procurement process, making it better for American taxpayers and bringing this through committee and now bringing this to the floor. I want to address just a couple of issues that will be coming up in this bill that it does that, I think, helps the American people and is going to help that current process, which right now is a very lengthy process. It is a process that, as the chairman noted in his previous remarks, the gentleman from Pennsylvania, adds almost 20 percent to the costs of goods that American taxpayers pay for that are obtained through the procurement process. First of all, let me talk to you about the procurement integrity certifications part of the current law that are stricken here. In lieu, we have planted some tougher penalties, but instead of the lengthier certification contractors have to go through today, there will be [[Page H 8856]] stricter and more succinct penalties in this current bill. Today, if a contractor, when they submit a bid to the Government for a Government procurement, has to sign a certification saying that they have no insider knowledge about this procurement, that nobody in the organization has obtained this. Now, how does this work? This means that the organization, the company, the bidder has got to go through every person in that organization who has worked on that particular procurement and have them sign an individual certification saying they have no insider information, and obtain that. After looking at all of those, it is only then that the officer for that corporation can sign that procurement integrity certification to the Federal Government. In turn, the Federal Government contracting officers have to sign certifications based on these other certifications and on their own notes and experiences in that procurement. The end result is that many times hours are wasted. Reams of paperwork are wasted. To my knowledge, not one person has been prosecuted under these procurement integrity certifications put in as an over-reaction, if you will, to the Ill Wind scandals of the 1980's. So this does away with that but keeps even stricter penalties in place so that prosecutors and the Federal Government will be able to police these but at the same time not add layers and layers of costs on contractors. The recoupment provision that currently exists under foreign military sales contracts will be eliminated. What does this mean? This means the surcharge now put on American companies selling abroad under FMS contracts will be stricken. We will be more competitive in the international arena as we compete with companies from other countries who are going after foreign procurements under FMS contracts. This will bring us, if you will, into the 21st century and make us more competitive as we move toward the borderless economy and into international trade. Finally, the consolidation of bid protest appeals, I think, is going to help expedite the process for everybody. Right now, there is a lot of gaming that goes on in terms of if a contractor loses a bid and they are the incumbent contractor and they lose their recompete, many times they can file a bid protest, tie that protest up and keep on performing that work, often at a higher price than somebody who has beaten them in fair competition, simply because of the entanglements and the opportunities they have to game the process through agency protests, GAO process, board of contract appeals, whatever. This expedites that flow procedure. It allows postbid discovery and, I think, will help the process and speed it up. Finally, if I can briefly address the Collins-Meyers amendment that may be offered to this, I think one of the major problems we have in the process today in procurement is the fact that many very dedicated public servants who are dedicated to save the public money, dedicated to getting the best costs they can for the Government, and they are working very hard, but in many cases they are performing tasks that do not need to be performed. They are operating under regulations that never should have been written, rules that never should have been written. They are filling out forms that should never have been printed. This is make-work, and it is a waste in many cases. What this legislation does is it takes 7 pages of the United States Code, of a basically cook book, and allows the buyers, the Government procurement officer in charge at that point, to move through and, of course, full and open competition standard remains of the amendment that the gentlewoman from Illinois [Mrs. Collins] put through during the authorization schedule. We now get rid of those seven pages of authorization and will allow that buyer the appropriate discretion they have so they can expedite that procedure. I urge support of this bill and rule.

Mr. DAVIS. My comments are simply this, and why I oppose the amendment: I understand the intentions of this and the concerns that have been raised, [[Page H 8875]] but I think they are bogus in this case. I think we have--what we are doing to some extent is we are allowing the Government buyer, if my colleague will, the contracting officer or procurement officers--to make some decision, but we are allowing it earlier in the game. I was a procurement attorney for 15 years, and I can tell the gentleman many times we would go out there and spent tens of thousands, sometimes hundreds of thousands, of dollars on a procurement and never really have had a chance at it at all after that money was spent. As I understand, if this amendment is defeated, one can still bid on the procurement. There is no bar to anyone bidding on these procurements, but they will know earlier in the process, before vast sums are expended, that they are outside the competitive range. That is a savings to these small firms, and many of them, I think, would welcome this.

Mr. DAVIS. Let me ask, if I can, the author of this bill the standards for notice, if I can, for the procurements in this. Are they changed at all.

Mr. DAVIS. Let me ask the gentlewoman from Kansas then are there any notice provision that she has eliminated in her amendment, and I would ask both, as I understand it, what notice provisions now will not go out to small businesses under this that would have gone out, that would go out, if this amendment passes?

Mr. DAVIS. I yield to the gentlewoman from Kansas.

Mr. DAVIS. I yield to the gentleman from Pennsylvania.