CONGRESSIONAL RECORD - SENATE

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September 13, 1972
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Approved For Release 2005/08/03 :CIA-RDP81-008188000100050008-1 CONGRESSIONAL RECORD-SENATE September Y3, z9~ Geed $20,000,000. Such additional purchases or guarantees which the Administration makes under .this paragraph shall contain conditions to insure appropriate maintenance by the company receiving such assistance of the described ratio during the period in which debentures under this paragraph are outstanding." (f) Title III is further amended by add- ing thereto a new part B as follows: "PART B. MINORITY ENTERPRISE SMALL BUSI- NESS INVESTMENT COMPANIES "SEC. 317. To encourage the formation and growth of MESBIC's the Administration is authorized to purchase the securities of any such MESBIC, subject to the following conditions: "(a) Shares of nonvoting stock (or other securities having similiar characteristics), provided- . "(1) dividends are preferred and cumula- tive to the extent of 3 per centum of par value per annum; "(2) on liquidation or redemption, the Administration is entitled to the preferred payment of the par value of such securities and may require the preferred paymen*, of the difference between dividends paid and cumulative dividends payable at a rate equal to the interest rate determined pursu- ant to section 303(b) for debentures with a term of fifteen years, without interest on such difference; "(3) the purchase price shall be par value and, in any one sale, $60,000 or more; "(4) the amount of such securities pus- -chased and outstanding- at any one time shall not exceed (A) from a MESBIC having combined private paid-in capital. and paid- in surplus ("capital") , of less than ffi300,000 and licensed on or before October 13, 197.1, the amount of capital invested after such date, nor (B) from any MESBIC having capi- tal of $300,000 or more but less than $500,000, thA amount of its capital in excess of ffi300,- 000, nor (C) from any MESBIC having capi- tal of $500,000 or more, the amount of its capital. "(b) Debentures subordinated to any other debts and obligations of a MESBIC (other than securities purchased under subsection (a) of this section), provided- ` "(1) such debentures are issued for a term of not to exceed fifteen years; "(2) the interest rate is determined pur- suant to sections 303 (b) and 318; "(3) the amount of debentures purchased and outstanding at any one' time from a MESBIC having capital of less than $500,000 -shall not exceed 200 per centum of its capital less the amount of preferred securities out- standing under subsection (a) of this sec- tion, nor, from a MESBIC having capital of $500,000 or more,, 300 per centum of its capl- tai less the amount of such preferred secu- rities.- "(c) Debentures purchased and outstand- ing pursuant to section 303 (b) or this section may be retired simultaneously with the is- suance of preferred securities to meet the requirements of subsection (b) (3) of this section. "(d) The Administration may require, as a condition of the purchase of any securities from a MESBIC in excess of 200 per centum of its capital, that t'he MESBIC achieve and thereafter maintain a ratio of loans to ven- ture capital (as defined in section 303) deter- mined by the Administration to be reason- able and appropriate. "SEC. 318. Notwithstading section 303 (b) the effective rate of ixterest after October 13, 1971, during the first flue years thereafter of the term of any debenture purchased by the Administration from a MESBIC shall be the greater of 3 per centum or 3 percentage points below the interest rate determined pursuant to section 303(b).The Adxhinistra- tion is authorized to apply interest paid to it by such MESBIC for the period from October 13, 1971, to the effective date of this sec- tion, witlxout interest thereon, to interest payable after such effective date. No MESBIC which has received the benefit of tlxis sec- tion may make a distribution (other than to the Administration) unless it has first paid to the Administration an amount equal to the difference between the rate of interest payable to the Administration pursuant to this section, and the rate of interest which would have been payable pursuant to section 303(b). "SEC. 319. The provisions of part A shall apply in the administration of this part: Provided, however, That the provision of section 303 (b) shall not be applicable to this part except as specifically provided in this part." SEC. 2. Section 18 of the Investment Com- pany Act of 1940, as amended. (lb U.S.C. 80a- 18) is further amended by amending sub- section (k) to read as follows: "(k) The provisions of subparagraphs (A) and (B) of paragraph (1) of this section shall not apply to investment companies op- erating under the Small Business Invest- ment Act of 1958, and the provisions of paragraph (2) shall not apply to such com- panies so long as such class of senior security shall be privately held by the Small Business Administration and not inte~xded to be pub- licly distributed.". , Mr. TOWER. Mr. President, I move to reconsider the vote by which the bill was passed. Mr. GAMBRELL. Mr. President, I move to lay that motion on the table. The motion to lay on the table was agreed to. Mr. GAMBRELL. Mr. President, I ask unanimous consent that the Secretary of the Senate be authorized to make tech- nical and clerical corrections in the en- grossment of the Senate amendments to S. 3337 and that the bill be printed as passed by the Senate. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. MANSFIELD. Mr. President, I ask unanimous consent that the Senate turn to the consideration of Calendar No. 836, H.R. 6503.- The PRESIDING OFFICER. The bill will be stated by title. The assistant legislative clerk read the bill by title, as follows: A bill (H.R. 6503) for the relief of Capt. Claire E. Brou. The PRESIDING OFFICER. Is there objection to the request of the Senator from Montana? There being no objection, the Senate proceeded to consider the bill. Mr. FANNIN. Mr. President, I am happy to support passage of H,R. 6503, which I believe is a just resolution of the case of Capt. Claire E. Brou. This is an unusual case. Ordinarily the disability retirement system for military personnel provides a sufficient resolution for claims of this nature. It is my hope that in the future by and large most cases of inju- ries arising in the course of military serv- ice can be handled within the adminis- trative structure without the necessity of recourse to legislative relief by private bill. Mr. MANSFIELD. Mr. President, I ask unanimous consent that certain perti- nent material out of the report and on the basis of communications with the Department of Defense bt' inserted in the RECORD. There being no abjection, the material was ordered to be printed in the RECORD, as follows: AFFIDAVIT I, Lieutenant Colonel Jorge R. Gutierrez, SSAN, 139-36-177, MC, Assistant Chief, De- partment Radiology, Triples General Hos- pital, Hawaii, do hereby make this statement and atRdavit regarding the physical disabil- ity suffered by Captain Claire E. Brou (USAF, Retired) following radiological tests performed on 17 April 1958 apt Walter Reed Army Medical Center, Washington, D.C. I entered medical school in Guba in 1951 where such training involved a seven year program. I completed medical school at the University of Valencia in Spain in 1958. In September 1,960 I completed the requirements for and receivedl my Educational Gouncll for Foreign Medical Graduates Certificate, and commenced my internship in January of 1961 at Our Lady of Lourdes Hospital, Camden, New Jersey. In January of 1962 I began my residency in radiology at the same hospi-. tai, I.remained at Our Lady of Lourdes until entering on active duty with the Army at Fort Campbell, Kentucky on July 3, '1963. At Fort Campbell I was assigned to the ra- diological service, where I served until De- cember of 1965. In December 1965 I was transferred to Fitzsimmoits General Hospital at Denver,- Colorado, where I completed my residency in radiology on August 31, 1987. I then came to Walter Reed as the Fellow in Angiography and Special Procedures, a ra- diological sub-specialty. I first saw Captain Claire E. Brou as a patient during her admission to Walter Reed General Hospital during December of 1967. This was prior to her receiving any speci&1 radiological examination. During tliat ad- mission the patient underwent a right in- fex7or patrescal sinogram performed by Dr. Harrall, the staff physician in charge of such procedures. During this procedure I acted as first assistant to Dr. Harrall. The patient suffered no complication whatsoever fallow- ing this procedure which confirmed a diag- nosis of a venous va-six posterior to the rig~ht eye. Some weeks later I performed an ider2- tical procedure on another patient, whose name I recall as McCarthy, for an identical condition posterior to the left eye. I per- formed this procedure without Dr. Harrall's presence, with the normal attendance of a resident s,nd the appropriate technicians. During April of 1968 the patient was re- admitted specifically for the performance of a left inferior petrosail sinogram: This pro- cedure was essential to definitive therapy . and was requested by the Neurosurgical De- partment at Walter Reed. I saw the patient prior to the performance of these procedures for pre-operative consultation, explained to her that the procedure would be identical to the one performed on her in December 1967 and that it had been requested by Colonel Kempe, Chief of Neurosurgery. The sinogram was performed by me on April 17, 1968. I was assisted by the Chief Radiological technician, Clarence Lee', a res- _ ident in Radiology, Dr. Frank Yerussi, by a corpsman and a second technician. Clar- ence Lee Ls a seasoned technician and has been- with Special Procedures since- the formation of that section in 1967. Dr. Yarussi was a second or third year radiology resi- dent. At the time of the procedure the pati- ent had received the normal pre-operative medication, 30 mg of morphine and 50 mg of phenergan. To properly accomplish the radiological studies requested, I catherized the lest in- ternal juglar vein and in]ected 1 6c of con- trast medium (Ranagrafin-60), a test dose. After the appropriate lapse of time, I then advanced the Gatherer raider fiuoroacapic Approved For Release 2005/08/03 :CIA-RDP81-008188000100050008-1 Approved For Release 2005/08/03 : CIA-RDP81-00818R000100050008-1 ye+.ltember 13, 1912 CONGRESSIONAL RECORD --SE1 iTE . r. JAVITS. Mr. President, will the 3v1 Senator yield before the Senator from Georgia and the Senator from Texas 1iply? Mr. BUCKLEY. I yield. Ar. JAVITS. I am a cosponsor of the milt, and I join in everything the Senator tid_ I do not want to interrupt the flow a;i debate, but I would like to add to the e the chairman to give consideration hearings early in the next session of press, and being a very broadminded cooperative man, and one with whom l.lcrt hearings. ir. BUCKLEY. I thank the Senator or his encouragement. Mr. GAMBRELL. Mr. President, I have 1l0t consulted on this subject with the chairman, but I understand the Sena- igr's bill was introduced after the com- mittee report was filed on this bill, so it cvsat. not possible to consider it in connec- , ion with this matter. ,fr. JAVITS. Mr. President, might we ,r .k. the Small Business Subcommittee If i:lhev would be able to develop, if they do not have it already, in connection with t the hoped for hearings on Senator BucK- .r:y's bill, anything on the utilization of hat section of the Small Business Act tvih'ich allows, notwithstanding antitrust laws, small business to combine for pur- the Senator said. personally my instinct i that we have moved away from credit inaccessibility, and the main scourge 1 small business, to managerial inacces- :Ability, and the effort to allow them to utilize research and development was ,:rare of the main things we thought we t ttl done in this area. I think it would be helpful to Senator BUCKLEY's bill if we had some idea as t n how that had gone-my recollection is that it had not gone too well-and what *aa ere the reasons it had not gone well, tact whether we could help it with this bill or what we might include in the bill. I would like to recall to the committee .s.u experience, with which quite a few c,,1lmmittee members are familiar, and o:-pecially the Senator from Alabama Mr. SPARKMAN), and that is the organi- .;r,tlion of a company now known around the world as the Adela concept, of which ) had the honor to be the author, which combines capital, very small leverage (api.tal, with technical assistance, and makes a very admirable package. We know of its tremendous success in Latin America and now it is being tried in Africa and Asia. Mr. TOWER. Mr. President, the Smal Business Administration for the last or 3 years, and it started in the admini tration of Hilary Sandoval, who wa the Small Business Administrator wh= preceded Mr. Kleppe. They started the': to develop the facility within the :SBA t provide technical and managerial assist ance, the idea being not just to give then the money and say, "Do the best 3 on cai with it," but to follow itup with ,echnl cal and managerial assistance to he ex tent that they can use the money wisel and well. I am not in a position to comment ow the success of the agency's efforts at tld time, but I know they have been tryin to do that administratively and that l^ has been a principal objectives with theii. Certainly, I would say the Senator l: absolutely correct in what, he said aboui the inaccessibility of capital. That t;s not now the problem, because it is at cessible, but technical and manageris assistance is not always available. How ever, under Mr. Kleppe as Chairman e: the Small Business Administration, it 1: trying to correct this deficiency aad try lug to move toward managerial ant technical assistance. Mr. DAVITS` Perhaps my cclleag t from New York (Mr. BUCKLEY) and :r can consult with Mr. Kleppe, with th, anticipation of the hoped for hearin* on this bill, and ascertain what is tb, present state of affairs on the bill, if thi committee would not have any ob.?ectior and then we could have the report fe submission to the committee. Mr. TOWER. I would say the corn mittee would have no objection, be cause the committee has a vital interesh in what happens to these funds on+tr they are loaned. We do not wan> to A--- nance failures, I am convinced of tb Administrator's own desires in the mat ter, and I think he is a very consci intiob- man who wants to do the best job pot sible for making sure that when we fungi' these minority enterprises we also shoar them how, if necessary. Therefore, think he would probably welcome .such a;; inquiry, and I certainly see no reason wb the committee would object to it.. Mr. BUCKLEY. I thank my distifl guished colleague for commenting. think the Adela concept is one which of fers much opportunity to such enter prises. It has been successful in Sout America. With the assurances I have receive,, from the Senator from Texas and th.? `Senator from Georgia, qualified thoug' they had to be, I am satisfied that I ca: hope for early consideration of mny bi' by the committee when the new Congret convenes. I am also certain that the dia tinguished" chairman and the distir guished minority member will be on hallw, to conduct those hearings. Mr. TOWER. I thank my colleague fe expressing confidence in the ret lectio of the chairman and myself. I want to se that should I return-and I have ever; hope and expectation of doing so-I wi' certainly press for early consideration a his bill. The PRESIDING OFFICER. The quer tion is on agreeing to the amendment. The amendment was agreed to. S 14801 The PRESIDING OFFICER. The bill is open to further amendment. If there be no further amendment to be proposed, the question is on the en- grossmerht of the amendments and the third reading of the bif I. The amendments were ordered to be engrossed, and the bill to be read a third time. The bill (S. 3337) was read the third time, and passed, as follows : S. 3337 An act to amend the Small Business Invest- ment Act of 1958, and for other purposes Be it enacted by the Senate and House of Representatives of the IFfit5d ` States of America in Congress a:rsemb5.'d, That this Act may be cited as the 'Minority Enterprise Small Business Investment Act of 1972". Svc. 2. The Small ]business Investment Act of 1958, as amended. Is further amended as follows: (a) Section 1.03 1w amended (1) by striking "and" from paragraph 6); (2) by striking the period at the endof paragraph (7) and inserting in lieu thereof and"; and (3) by adding the following new paragraph: "(8) the term 'minority enterprise small business investment company', herinafter called MESBIC, means ;:c small. business in- vestment company, the investment policy of which is that its investments will be made solely in small business concerns which will contribute to a well-balanced national econ- omy by facilitating ownership in such con- cerns by persons whose participation in the free enterprise system is hampered be:Kruse of social or economic disadvantages." (b) Title III of the Small Business Invest- ment Act of 1958, as :.amended, is furher amended by designating sections 301 through thereof as "PART 4.--Sa2ALL BUSsm ss5 316 INVESTMsNT COMPANIES'". (c) Section 301 of the Small Business In- vestment Act of 1958 is amended by adding t:he following new subsection: "(d) Notwithstanding any other provision of this Act, a MESBIC may be Irganized and chartered under State nonprofit corporation .tatutes; and may be licensed by the Admin- istration to operate under the provisions of Ibis Act.". (d) Section 302 of the Smal'. Business In- vestment Act of 1958 Is amended by adding the following new subsection: "(d) Notwithstanding subsection tb. (2) of this section, or any other provision of law, shares of stock or other equity or debt securi- t.ies issued by a MESBI( shall be eligible for purchase by banks and other financial in- stitutions, subject to the 5 per centum :lim- itation of subsection (b) (I) of this section. MESBIC's shall not be deemed ineligible for any assistance under tb.is Act because of such purchases." (e) Section. 303 of the Smai:'. Business In- vestment Act of 1958 is anhend.ed-- (1) by striking the Cgure "$7,500,000" in the last sentence of paragraph (1) of suibsec- tion (b) and inserting in lieu thereof the figure " $15,000,000", and (2) by amending paragraph (2) of sub- section (b) to read as follows: "(2) The total amount of debentures which may be purchased or guaranteed and outstanding at any onetime from a company which has investments or legally binding commitments of 65 percent or more of its total funds available for investment In small business concerns invested or committed in venture capital, shall not exceed (A) from a company having combined private pair.'-in capital and paid-in surplus ('Capital') of less than $500,000, 200 per centum of its cap- ital, and (B) from a company :caving capital of $500,000 or more, 300 per centum of its capital. In no event shall the debentures of any. such company purchased pr guaranteed and outstanding under this paragraph ex- Approved For Release 2005/08/03 : CIA-RDP81-00818R000100050008-1 The assistant legislative clerk pro- ceeded to state the amendment. Mr. GAMBRELL. Mr. President, I ask unanimous consent that further reading of the amendment be dispensed with, as I plan to discuss it in the statement which I am about to make. The PRESIDING OFFICER. Without objection, it is so ordered. The amendment is as follows: 1. On page 3, between lines 3 and 4, add the following subsection: (e) Section 303 of the Small Business Investment Act of 1958 is amended- (1) by striking the figure "$7,500,000" in the last sentence of paragraph (1) of sub- section (b) and inserting in lieu thereof the figure "$15,000,000", and (2) by amending paragraph (2) of sub- section (b) to read as follows: " (2) The total amount of debentures which may be purchased or guaranteed and outstanding at any one time from a com- pany which has investments or legally bind- ing commitments of 65 percent or more of its total funds available for investment in small business concerns invested or committed in venture capital, shall not exceed (A) from a company having combined private paid-in capital and paid-in surplus ('Capital') of less than $500,000, 200 per centum of its Capital, and (B) from a company having Capital of $500,000 or more, 300 per centum of its Capital. In no event shall the deben- tures of any such company purchased or guaranteed and outstanding under this paragraph exceed $20,000,000. Such addi- tional purchases or guarantees which the Administration makes under this paragraph shall contain conditions to insure appropri- ate maintenance by the company receiving such assistance of the described ratio dur- ing the period in which debentures under this paragraph are outstanding." On page 3, line 4, strike out "(e) " and insert "(f) Mr. GAMBRELL. Mr. President, this amendment is offered on behalf of the chairman of the committee, the Senator from Alabama (Mr. SPARKMAN). The amendment is a simple one which will place regular small business invest- ment companies on a more equal footing with minority enterprise SBIC's. Under S. 3337, MESBIC's would be entitled to draw down venture capital leverage when the MESBIC has private capital of $500,000 or more. Under present law, all SBIC's must have at least $1 million in private capital before they are able to achieve this additional leverage. The first part of my amendment would equalize the treatment for all segments of the SBIC industry. The second feature of my amendment would increase the total leverage avail- able for any one SBIC. Under S. 3337, MESBIC's could qualify for.unlimited amounts of leverage. Present law limits any SBIC to a ceiling of $10 million, My amendment would double this amount to $20 million if an SBIC qualifies as a ven- ture capital specialist, or $15 million if it does not. Mr. President, I believe these two amendments are fair and equitable and I believe they will give more incentive for SBIC's to invest ever greater num- bers of dollars in our new and growing business enterprises. Mr. TOWER. Mr. President, on behalf of the distinguished Senator from New Hampshire (Mr. McINTYRE), who is the chairman of the subcommittee with whom I have discussed this matter, and on behalf of myself and the ranking minority member. of the full committee, we are fully prepared to accept the amendment offered by the distinguished Senator from Georgia on behalf of the distinguished chairman of the commit- tee (Mr. SPARKMAN), who is necessarily absent today. I would urge the Senate to accept the amendment that has been offered by the Senator from Georgia. Mr. JAVITS. Mr. President-- The PRESIDING OFFICER. The Sen- ator from New York is recognized. Mr. JAVITS. Mr. President, I would like to ask a few questions about this matter. I am the ranking member of the Small Business Committee of the Senate and have served on the Banking and Currency Committee so I have some con- siderable interest in the situation which we are meeting today. Is it not a fact that the SBIC's, both in total number and individual capital are very much larger than the MESBIC's? Mr. GAMBRELL. I think there is no doubt about that. The Senator is cor- rect. Mr. JAVITS. Mr. President, whereas we speak in terms of larger MESBIC's, I gather from our new minority counsel on the committee, Mr. Adams, in terms of a million dollars, we speak in terms of 10 times that for the SBIC. They have $10 million. The Senator stated that himself. Mr. GAMBRELL. The Senator is correct. Mr. JAVITS. And on the average, the SBIC is very considerably larger than an MESBIC. Is that correct? Mr. GAMBRELL. I think that is typi- cally true. The Senator is correct. Mr. JAVITS. Mr. President, I gather that a case has been made out for the MESBIC's to aid minority enterprise by increasing the leverage. I gather that the leverage should be increased and that a good case has been made for it. Mr. President, I would like to ask the Senator a question so as to spread the information on the RECORD, because I be- lieve the SBIC's ought to be encouraged. I think it is very desirable to do so. I was on the Committee on Banking, Housing and Urban Affairs, I believe, when it first started. I believe in the stimulus of small business enterprises. I do not wish to be construed as opposing the amendment. However, I think it is appropriate to have an explanation an the RECORD where there is a case for the MESBIC's, and apparently the case has been proved. What about the case for the SBIC's and their adequate backing of the prop- osition which the Senate is being asked to approve? Mr. GAMBRELL. I think the question the Senator is asking is one that I had not anticipated being called upon to an- swer, but I think the basic thrust of the legislation is to increase the amount of leverage available to SBIC, and thereby to increase the amount of leverage avail- able to MESBIC's at the same time. The entire bill, aside from this amendment, is intended to encourage the extension of more and more credit into the MESBIC area. It may be that some will find the thrust not sufficiently strong in this area. Certainly that would be worthy of fur- ther consideration, but the bill has the intention I have stated. Mr. TOWER. Mr. President, will the Senator yield? Mr. GAMBRELL. I yield. Mr. TOWER. If I may, I wish to make a little legislative history. The whole in- tent is to encourage minority enterprise. That is made adequately clear by the re- port and by what we say here. There is a desire not to statutorily give an ad- vantage competitively to perhaps a non- minority enterprise small busines; that may be equally meritorious. We do not want to statutorily discriminate. Mr. JAVITS. Against the SBIC's? Mr. TOWER. Yes; against the regular SBIC's. Mr. JAVITS. I have great respect for the chairman of the committee and its ranking minority member. I do not op- pose the amendment, but I hope that we can have and that there may be provided for the RECORD within the next few days a factual justification for the purpose, so that it may be a factor in conference. I understand this particular amendment will be in conference and there will,be another opportunity for both Senators and Members of the House to give it consideration. I think all of us would be helped if we had a detailed justification printed in the RECORD. Mr. TOWER. I think I can give the Senator that assurance as far as the con- ference is concerned, and I can give as- surance that by midweek there will be full justification in the RECORD. Mr. BUCKLEY. Mr. President, I had contemplated introducing as an amend- ment to the bill a proposal I introduced 2 months ago which was designed to broaden our approach to provide minor- ity enterprise with an opportunity to be- come financed. My basic approach would be to apply to the field of equity invest- ment the kind of guarantee which the current legislation and other legislation applies to loans to such enterprises. On consideration I decided not to in- troduce my concept as an amendment be- cause I feel it should go through the nor- mal procedure, the normal hearings, and have expertise applied by the committee, before it is offered to the Senate as a whole. One of the defects as I see it, and at one time I was in the venture capital field, with respect to minority enterprise is to facilitate the borrowing of money, yet when an enterprise borrows money it incurs a cost which can throttle it. Also, bankers are not in the business of taking risks, yet a new enterprise is a risk-tak- ing business. Finally, bankers are not in the position of offering a galaxy of advice of the sort minority enterprisees want most. People in equity financing are able to provide that kind of aid. I would like to ask the Senator from Texas, as the ranking minority member, and also the distinguished Senator from Georgia, who is acting on behalf of the chairman, if I could get some kind of en- couragement that hearings could be held at an early date in the next session of Congress. Approved For Release 2005/08/03 : CIA-RDP81-00818R000100050008-1 A proved For Release 2005/08/03: CIA-RDP81- 0818R000100050008-1 S 14799 : ,,,saber 13, 197 CONGRESSIONAL RECORD - SEN``l E ,ved the benefit of this section may make pst ,il)ution (other than to the Adminis- rauionp unless it has first paid to the Ad- rninistration an amount equal to the dif- oence between the rate of interest pay- tote to the Administration pursuant to this action. and the rate of interest which ould have been payable pursuant to sec- E+_.it 3031b). ii?:c. 319. The provisions of part A shall Pp, N., in the administration of this part: t'tovoded, however, That the provisions of section 303(b) shall not be applicable to this part except as specifically provided in this pawl. -b c, 320. Section 18 of the Investment iinipany Act of 1940, as amended (15 U.S.C. 30a-18) . is further amended by amending ,iubsecti.on (k) to read as follows: " (k) The provisions of subparagraphs A) and (B) of paragraph (1) of this sec- ,ion shall not apply to investment com- rianies operating under the Small Business investment Act of 1958, and the provisions 'f paragraph (2) shall not apply to such ompanies so long as such class of senior ecurity shall be privately held by the Small tininess Administration and not intended Al .be publicly distributed.". Mr. TOWER. Mr. President, I suggest the absence of a quorum. The PRESIDING OFFICER. The clerk will call the roll. The assistant legislative clerk pro- eceded to call the roll. Mr. TOWER. Mr. President, I ask ananinlous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER (Mr. lucxr,xv). Without objection, it is so ordered. Mr. TOWER. Mr. President, on August 1, the Committee on Banking, Housing and Urban Affairs reported without ob- jection the administration's bill, S. 3337, which I was pleased to sponsor, to en- large and improve the assistance pro- ,,rani of the Small Business Administra- (?iorl to minority enterprise formation and operation. The need has long been recognized in our country for the forma- tion of capital in disadvantaged minor- ity communities, if the harsh cycle of _)overty is to be broken and its victims are to have a chance to work their ways to decent standards of living and to the dignity that accompanies self-reliance and self-support. The Minority Enter- prise Small Business Investment Act is one of the means recommended by the President to the Congress to facilitate capital formation in the minority com- inunity generally, and I think that this self-help approach to curing poverty and unemployment in the minority commu- nity is very deserving of support by the Congress. The bill essentially provides statutorily that minority enterprise small business investment companies--MESBIC's-may be organized to receive SBA assist- ance and to channel financial and man- agement assistance to minority enter- prises. The bill: First, specifies that MESBIC's may be organized under either business or non- -profit corporation statutes of the sev- eral States, in order to permit the or- ganizers of the MESBIC the option of tapping the large assistance potential of charitable organizations, churches, foun- dations, and the like; Second, authorizes SBA to acquire pre- ferred stock in a MESBIC, within certain limits, in order to ease the debt and in- terest burden of the MESBIC so that it can raise more private capital; Third, reduces the level of private cap- ital required to qualify for third-dollar leverage from SBA, from $1 million to $500,000, so that more MESBIC's can be formed which can utilize favorable lever- age provisions available to SBIC's; Fourth, provides an interest subsidy for borrowed government funds during the first 5 years of the loan; and Fifth, permits federally regulated banks to own MESBIC's wholly or in part, within specified limits, in order to bring in the direct support of the bank- ing community to this vital program. Mr. President, this bill offers the minority individual who is trying to get into business an opportunity to get some of the capital and management assist- ance that he needs to get a successful operation going. This legislation does not propose to guarantee anybody a mini- mum income, or to give anybody some- thing for nothing. This bill provides for seed money and assistance to be chan- neled into the potentially profitable minority business enterprise in orde.^ to get the business going. The ultimate goal is the development of a large number of self-sustaining, self-supporting minority business firms, which are owned by the minority communities, run by them, and which return the benefits of profits, jobs, and income to the presently disadvan- taged minority communities. The prin- cipal ingredient of this whole capital formation process will be the particular individuals in the minority community with the ambition and the talent to run their own businesses-in a word, enter- preneurs. We merely seek here to provide a vehicle for the direction of supportive financial and management assistance to get these entrepreneurs into successful operation. The ultimate beneficiaries of the proc- ess of successful capital formation in minority communities will be not only members of those communities them- selves, but also all taxpayers and citizens of this country, who are throwing a great deal of good tax money down the seemingly insatiable sink-hole of wel- fare and other nonproduction oriented Federal programs. The MESBIC pro- gram is designed to help build a :;elf- supporting capital structure under the minority community, which is the only long-term solution for the achievement of permanently decent living standards for this community, and will help pro- vide them the dignity of self-support that everyone should have. The SBA has been operating an ad- ministrative program for MESBIC's for some time now, under the auspices of the existing Small Business Investment Act. I ask unanimous consent that a copy of the testimony before our com- mittee of Mr. Walter W. Durham, presi- dent of the MESBIC Financial Corp. of Dallas, be printed in the RECORD at this point, so that the RECORD will show an example of the progress of the program to date, even without the expanded as- ;,=tance of the present legislation. It ra zems clear that with the expanded as- Lance of this legislation, we will see a :, cbstantial increase in the number of a inority businesses created and in the +sccessfulness of these businesses. I therefore urge the passage of this 1?gislation. Mr. President. I urge the Senate to -? ve its overwhelming support to this ensure that is designed to get the 1 lacks, the Mexican Americans, and .{.her disadvantaged minority groups in is country into the mainstream of the I -ee enterprise system. I think the record of this ad:ministra- on is good with respect to this matter. A dminilstratively they have been doing hat we in the Congress do legislatively. I think that this should be a permanent program and should be approved by the C ongress of the United States. ( urge its :]option. The PRESIDING OFFICER. The ques- t ar on is on agreeing to the committee xiendment (putting the question). The amendment was agreed to. The PRESIDING OFFICER. The bill open to further amendment. Mr. GAMBRELL. Mr. President, the x:.11 presently before the Senate, the Minority Enterprise Small Business In- u,vstment Act of 1972, was reported out committee unanimously. As the Senator from Texas has an- d ounced, the administration has given xis legislation its support. In the ab- ~.~i1ce of the chairman of the cvminittee a.id the other members on the Democra- v. c side, I have been asked to handle this s.: Ratter. This bill creates a new program by c.iablishing the creation of minority ,nail business investment companies, WESBIC's and authorizes the Small rusiness Administration to provide fi- i uncial assistance for the purpose of pro- r tiling equity capital and long-term loan ` rods to small business concerns owned A: y disadvantaged persons. The bill, provides that MESBIC's can i formed either under the business or i; onprofit corporation statutes of the c crious States. This bill, S. 3337: First. authorizes the c mall Business Administration to pur- c::iased preferred stock within certain ,;:.nits; second, reduces private capital re- e, airements for MESBIC's from $1 mil- i on to $500,000 to qualify for third-dol- i;cr Government leverage; third, pro- ides interest subsidies for the first 5 gars of a MESBIC loan; and fourth. w,termits federally regulated banks to own ^.iESBIC's within specified limits. Mr. President, the purpose of this legis- +aion is to provide minority business i ith a source of investment capital. Economic opportunity must be created i, assure minority groups and the disad- antaged a greater chance to participate r;irectly in our free enterprise system. lid this is the intent of this legislation. Mr. President, at this time ( send to tte desk an amendment to S. 3337 which would augment and improve the provi-, ons of the bill. The PRESIDING OFFICER.The Clerk ill report the amendment. Approved For Release 2005/08/03 : CIA-RDP81-00818R000100050008-1 Approved For Release 2005/08/03 : CIA-RDP81-00818R000100050008-1 September 1, 1972 CONGRESSIONAL RECORD --SENATE Hampshire (Mr. MCINTYRE), the Senator from Alabama (Mr. SPARKMAN), and the Senator from California (Mr. TuNNEY) are necessarily absent. I further announce that the Senator from Wyoming (Mr. MCGEE) is absent on official business. I also announce that the Senator from California (Mr. TUNNEY) is absent be- cause of illness. Mr. SCOTT. I announce that the Sen- ator from Colorado (Mr. ALLOTT), the Senator from Tennessee (Mr. BAKER), the Senator from Michigan (Mr. GRIF- FIN), and the Senator from Ohio (Mr. SAXBE) are necessarily absent. I also announce that the Senator from South Dakota (Mr. MUNDT) Is absent be- cause of illness. I further announce that the Senator from New Jersey (Mr. CASE), the Senator from Hawaii (Mr. FoNG), and the Sena- tor from Maryland (Mr. MATHIAS) are detained on official business. The result was announced-yeas 65, nays 17, as follows : [No. 423 Leg.] YEAS-65 Aiken Fulbright Muskie Anderson Gambrell Packwood Bayh Gravel Pastore Beall Gurney Pearson Bellmon Hansen Pell Bennett Hart Percy Bentsen Hartke Randolph Bible Hatfield Ribicoff Brock Hughes Schweiker Brooke Humphrey Scott Buckley Inouye Smith Burdick Jackson Stafford Byrd, Robert C. Javits Stennis Cook Jordan,N.C. Stevens Cotton Long Stevenson Cranston Magnuson Taft Dole Mansfield Thurmond Dominick McClellan Tower Eagleton Metcalf Weicker Eastland Mondale Williams Ervin Montoya Young Fannin Moss NAYS-17 Allen Cooper Nelson Boggs Curtis Proxmire Byrd, Goldwater Roth Harry F., Jr. Hruska Spong Cannon Jordan, Idaho Symington Church Miller Talmadge NOT VOTING-18 Allott Griffin McGovern Baker Harris McIntyre Case Hollings Mundt Chiles Kennedy Saxbe Edwards Mathias Sparkman Fong McGee Tunney So the bill (S. 3917) as amended, was passed, as follows: S. 3917 An Act to authorize the construction of the completion of the New Senate Office Build- ing on the east half of square 725 in the District of Columbia, to authorize the ac- quisition of certain real property in square 724 in the District of Columbia, to author- ize the Architect of the Capitol to initiate and conduct a study of alternate designs for a vehicle parking garage with limited commercial facilities to be constructed on square 724 and an architectural design competition to be conducted in connection therewith, and to authorize the acquisition of all publicly or privately owned property contained in square 764 in the District of Columbia as an addition to the United States Capitol Grounds, and for other pur- poses Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "United States Sen- ate Office Building, Land Acquisition, and Parking Facilities Planning Act of 1972". CONSTRUCTION OF AN EXTENSION TO THE NEW SENATE OFFICE BUILDING SEC. 2. (a) The Architect of the Capitol, under the direction of the Senate Office Build- ing Commission, is authorized to provide for the construction and equipment of an exten- sion to the New Senate Office Building In accordance with plans approved by such Commission and by the Senate Committee on Public Works, on the east half of square 725 including the public alley separating the east and west halves of such square, but excluding lot 885 in such square, containing office rooms and such other rooms and accommodations as may be approved by the Senate Office Building Commision and by the Senate Com- mittee on Public Works, including structural and other changes in the existing New Senate Office Building necessitated by such construc- tion, together with approaches, connections with the Capitol Power Plant and public utilities, and architectural landscape treat- ment of the grounds. (b) Upon completion of the project, the building and the grounds and sidewalks sur- rounding the same shall be subject to the provisions of the Act of June 8, 1942 (40 U.S.C. 174 (c) and (d) ), and the Act of July 31, 1946 (40 V.S.C. 193a-193m, 212a and 212b) in the same manner and to the same extent as the present Senate Office Buildings and the grounds and sidewalks surrounding the same. (c) During each fiscal year, the Senate Committee on Public Works shall examine the progress and costs of construction of such building and take such steps as are neces- sary to insure its economical construction. ACQUISITION OF PROPERTY IN SQUARE 724 SEC. 3. (a) In addition to the real property contained in square 724 in the District of Columbia heretofore acquired under Public Law 85-429, approved May 29, 1958 (72 Stat. 148-149), Public Law 91-382, approved Au- gust 18, 1970 (84 Stat. 819), and Public Law 92-184, approved December 15, 1971 (85 Stat. 637), the Architect of the Capitol, under the direction of the Senate Office Building Com- mission, is hereby authorized to acquire, on behalf of the United States, by purchase, condemnation, transfer, or otherwise, as a site for parking facilities for the United States Senate, all publicly or privately owned real property contained in lots 79, 80, 86, 94, 805, 806, 833, 838, 839, 840, and 844 In square 724 in the District of Columbia, and all alleys or parts of alleys and streets contained within the curblines surrounding such square, as such square appears on the records in the office of the surveyor of the District of Columbia as of the date of the approval of this Act: Provided, That for the purposes of this Act, square 724 shall be deemed to ex- tend to the outer face of the curbs sur- rounding such square: Provided further, That, upon acquisition of any real property under this Act, the jurisdiction of the Capi- tol Police shall extend over such property, and any property acquired under this Act shall become a part of the United States Capitol Grounds and be subject to the pro- visions of sections 193a-193m, 212a, and 212b of title 40, United States Code. (b) Any proceeding for condemnation brought tinder this Act shall be conducted in accordance with the Act of December 23, 1963 (16 D.C. Code, secs. 1351-1388). (a) Notwithstanding any other provision of law, any real property owned by the United' States and any public alleys or parts of alleys and streets contained within the curblines surrounding square 724 shall, upon request of the Architect of the Capitol, made with the approval of the Senate Office Building Commission, be transferred to the jurisdic- tion and control of the Architect of the Capi- tol without reimbursement or transfer of funds, and any alleys or parts of alleys - or streets contained within the curblines of said square shall be closed and vacated by the Commissioner of the District of Columbia, appointed pursuant to part III of Reorganiza- tion Plan Numbered 3 of 1967, in accordance with any request therefor made by the Archi- tect of the Capitol with the approval of such Commission. (d) Upon acquisition of any real property pursuant to this Act, the Architect of the Capitol, when directed by the Senate Office Building Commission to so act, is authorized to provide for the demolition and/or removal of any buildings or other structures on, or . constituting a part of, such property and, pending demolition, to use the property for Government purposes or to lease any or all of such property for such periods and under such terms and conditions as he may deem most advantageous to the United States and to incur any necessary expenses in connec- tion therewith. (e) Nothing herein shall be construed to prohibit the continued use of areas in square 724, acquired under authority of the Acts of May 29, 1958, August 18, 1970, and December 15, 1971, cited in subsection (a) of this sec- tion, for the parking of automobiles, until such times as such areas may be required for construction purposes. PLANS FOR GARAGE AND RELATED FACILITIES SEC. 4. (a) The Architect of the Capitol is authorized to initiate and conduct a study, after consultation with the appropriate Fed- eral agencies and individuals experienced in the design of vehicle parking structures, to explore design and cost alternatives for con- struction, on square 724, of a parking garage with limited commercial facilities, and report his preliminary findings and recommenda- tions to the Senate Committee on Public Works. - (b) The Architect of the Capitol, concur- rently with the study authorized in subsec- tion (a), is authorized to establish, for the purpose of development of a basic con- cept therefor, an architectural design com- petition, in order to encourage the prepara- tion of an imaginative design for the garage structure, including limited commercial fa- cilities and landscaping and to assure a pleas- ant transition to and maximum coordina- tion with the surrounding residential and commercial community in that area of Northeast Washington within sight of or adjoining the Capitol Grounds. Such design concept may consider and include existing and future land use and structures in said surrounding community, and shall consider any existing model cities or other govern- mental planning for such Northeast area, including that of the National Capital Plan- ning Commission. Guidelines and criteria specifically defining the limits, scope, and all aspects of the competition shall be developed and promulgated by the Architect of the Capitol; with the approval of the Senate Of- fice Building Commission, and an award for the best design or designs shall be deter- mined by a committee jointly designated for this purpose by the Architect of the Capitol and the Senate Office Building Com- mission, in such amount as they may deem to be appropriate. ACQUISITION OF SQUARE 764 SEC. 5. (a) The Architect of the Capitol is authorized to acquire on behalf of the United States, as an addition to the United States Capitol Grounds, by purchase, con- demnation, transfer, or otherwise, all pub- licly or privately owned property contained in square 764 in the District of Columbia, and all alleys or parts of alleys contained within the curblines surrounding such square, as such square appears on the rec- ords in the office of the surveyor of the Dis- trict of Columbia as of the date of the ap- proval of this Act. (b) Any proceeding for condemnation brought under this Act shall be conducted Approved For Release 2005/08/03 : CIA-RDP81-00818R000100050008-1 S 14798 Approved For Release 2005/08/03 : CIA-RDP81-00818R000100050008-1 CONGRESSIONAL RECORD -- c ENATE September 13, 1972 in accordance with the Act of December 23, -1963 (16 D.C. Code, secs. 1351-1368). e) For the purposes of this Act, square 764 shall be deemed to extend to the outer ?`aace of the curbs surrounding such square. Notwithstanding any other provision of law, .iny real property owned by the United States a,:d any public alleys or parts of alleys and ;t.reets contained within the curblincs sur- eounding such square shall, upon request of Whe Architect of the Capitol, be transferred to the jurisdiction and control of the Arohi- ?:ect of the Capitol without reimbursement or ,eansfer of funds, and any alleys or parts _,' alleys or streets contained within the curb-lines of said square shall be closed and va- ~ated by the Commissioner of the District Columbia, appointed pursuant to part III of Reorganization Plan Numbered 3 of 1967, jr, accordance with any request therefor made by the Architect of the Capitol. (d) Upon acquisition of such real property pursuant to this section, the Architect of the Capitol is authorized to use such prop- erty as a green park area, pending Its devel- opment for permanent use as the site of the John W. McCormack Residential Page School, subject to approval of the Senate Office Building Commission and the House Office Building Commission. (e) The jurisdiction of the Capitol Police ':hall extend over any real property acquired ,ender this section and such property shall %'ecome a part of the United States Capitol Grounds and be subject to the provisions of sections 193a-193m, 212a, and 212b of title 10. United States Code. ORLIGATIONAL AND EXPENDITURE AUTHORITY Sec. 6. The Architect of the Capitol, under the direction of the Senate Office Building Commission, is hereby authorized and di- ?ected to enter into such contracts, incur Mich obligations, and make such expendi- tures, including expenditures for personal mnd other services, and expenditures author- ;ed by Public Law 91-646 applicable to the =architect of the Capitol, as may be neces- sary to carry out the provisions of this Act. APPROPRIATIONS Sr.c. 7. There are hereby authorized to be appropriated $53,500,000 to carry out the provisions of this Act, and any sums so ap- propriated shall remain available until ex- pended. Mr. GRAVEL. Mr. President, I move that the vote by which the bill was passed be reconsidered. Mr. MANSFIELD. Mr. President, I move to lay that motion on the table. The motion to lay on the table was agreed to. EXTENSION OF LIFE OF THE COM- MISSION ON CIVIL RIGHTS Mr. ERVIN. Mr. President, I ask the Chair to lay before the Senate a message from the House of Representatives on H.R. 12652. The PRESIDING OFFICER tMr. BUCKLEY) laid before the Senate a mes- age from the House of Representatives of social or economic disadvantages." (b) Title III of the Small Busi less In st- ment Act of 1958, as amended, is fu.r her amended by designating sections ;301 thr, igh 316 thereof as "PART A.--SMALL BUasr ens INVESTMENT COMPANIES".. (c) Section 301 of the Small Eusinesr, in- vestment Act of 1958 Is amended by ad ng the following new subsection: "(d) Notwithstanding any other prow;:on of this Act, a MESBIC may be organized nd chartered under State nonprofit corpora? on statutes, and may be licensed by the Ade_n- istration to operate under the provisiO of this Act.". (d) Section 302 of the Small Business -n- vestment Act of 1958 is amended by ac"ng the following new subsection: "(d) Notwithstanding subsection (b 2) of this section, or any other provision of raw, shares of stock or other equity or deli se- curities issued by a MESBIC shall be ellIg ble for purchase by banks and other final, .dal institutions, subject to the 5 per centum limitation of subsection (b) (1) of this sec- tion. MESBIC's shall not be deemed ineligi- ble for any assistance under this Act be- cause of such purchases, (o) Title III is further amended by adding thereto a new part B as follows: "PART B. MINORITY ENTERPArsE SMALL BCSINESS INVESTAAENr COMPANIES SEC. 317. To encourage the formation and growth of MESBIC's the Administration is authorized to purchase the securities of any such MEt5BIC, subject to the following con- ditions: (a j Shares of nonvoting stock (or other securities having similar characteristics), provided- (1) dividends are preferred and cumula- tive to the extent of 3 per centuni of par value per annum; (2) on liquidation or redemptlon, the Ad- ministration is entitled to the preferred pay- ment of the par value of such securities and may require the preferred payment of the difference between dividends paid and cum- ulative dividends payable at a rate equal to the interest rate determined pursuant to section 303(b) for debentures with a term of fifteen years, without interest on such difference; (3) the purchase price shall be par value and, in any one sale, $50,000 or more; (4) the amount of such securities pur- chased and outstanding at any one time shall not exceed (A) from a MESBIC having combined private paid-in capital and paid- in surplus ("capital"), of less than $300,000 and licensed on or before October 13, 1971, the amount of capital invested after such date, nor (B) from any MESBIC having capital of $300,000 or more but less than $500,000, the amount of its capital in excess of $300,000, nor (C) from any MESBIC hav- ing capital of $500,000 or :more, the amount of its capital. (b) Debentures subordinated to any other debts and obligations of a MESBIC (other than securities purchased under subsection (a) of this sectioni, provided- (1) such debentures are issued for a term of not to exceed fifteen years; (2) the interest rate is determined pur- suant to sections 308 (b) and 318; (3) the amount of debentures purchased and Outstanding at any one time from a MESI3IC having capital of less than $500,000 shall not exceed 200 per centum of its capital less the amount of preferred securities out- standing under subsection (a) of this sec- tion, nor, from a MESBIC having capital of $500,000 or more, 300 per centum of its capital less the amount of such preferred securities. (c) Debentures purchased and outstand- ing pursuant to section 303(b) or this sec- tion may be retired simultaneously with the issuance of preferred securities to meet the requirements of subsection (b) (3) of this section. (dl The Administration may require, as a condition of the purchase of any securities from a MESBIC in excess of 200 per centum of its capital, that the MESBIC achieve and thereafter maintain a ratio of loans to ven- ture capital (as defined in section 303) de- termined by the Administration to he rea- sonable and appropriate. SEc. 318. Notwithstanding section 303(b), the effective rate of interest after October 13, 1971, during the first five years -there- after of the term of any debenture pur- chased by the Administration from a MESBIC shall be the greater of 3 per cen- turn or 3 percentage points below the in- terest rate determined pursuant to section 308(b). The Administration Is authorized to apply interest paid to it by such MESBIC for the period from October 13, 1971, to the effective date of this section, without in- terest thereon, to Interest payable after such effective date. No MESBIC which has re- Approved For Release 2005/08/03 : CIA-RDP81-00818R000100050008-1