[Congressional Record Volume 140, Number 52 (Wednesday, May 4, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 4, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
           STATEMENTS ON THE NOMINATION OF JERE WALTON GLOVER

  Mr. BUMPERS. Madam President, I rise in support of the nomination of 
Jere W. Glover of Maryland to be chief counsel for the Office of 
Advocacy in the Small Business Administration. This nomination was 
favorably reported by the Committee on Small Business on May 3, 1994, 
by a vote of 17 to 5.
  The President submitted this nomination on March 2, 1994, and I 
regret that it has taken somewhat longer than usual for our committee 
to get this nominee before the Senate. A hearing was held on April 12, 
and suffice it to say that a series of questions was submitted to the 
nominee, both at the hearing and for several days following, by Members 
on the other side of the aisle which delayed somewhat the Senate's 
consideration of this nomination. The nominee responded to all of these 
questions in a timely fashion, and I ask unanimous consent that the 
questions and Mr. Glover's answers be printed in the Record at the 
conclusion of my statement.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1)
  Mr. BUMPERS. In any event, it is appropriate that the Senate should 
consider this nomination today because this week is U.S. Small Business 
Week, as proclaimed by President Clinton. Hundreds of small business 
owners are in Washington even as we speak. They are being honored by 
festivities around the city which celebrate their individual 
accomplishments and contributions to the Nation's economy.
  Without a doubt, small business owners have long felt that the chief 
counsel for advocacy's office was the best bargain in Government, the 
one office which they most favored, and the one office in Government 
they believe is most helpful to them.
  Created during the Carter administration, the Office of Advocacy is 
intended to serve as small business owners' pit bull against the 
Federal Bureaucracy and in the Halls of Congress. No person better fit 
that description than the legendary Milt Stewart who served under 
President Carter as the first chief counsel for advocacy. It speaks 
well of Jere Glover that he was selected by Milt Stewart to serve as 
his deputy in that administration, and he carried out those duties with 
distinction.
  Since that time, Jere has had a fine career in the legal profession 
which I will discuss presently. First, since this nomination was filed 
without a written report in order to get it to the floor quickly, I 
want to say a few words for the record about this nominee's background. 
His qualifications, I believe, could not be more appropriate for this 
job.
  Jere Glover is a native of Ridgely in northwest Tennessee, not far 
from the northeast corner of my home state of Arkansas. His father 
owned a small photographic studio where Jere's mother also worked and 
where he worked while in high school. I was pleased to meet Mr. and 
Mrs. Glover at their son's confirmation hearing. Jere and his wife 
Doris have lived for some years in Annapolis, MD. He also has a brother 
in the area who is a medical doctor and a urologist. Mr. and Mrs. 
Glover, Sr., have much to be proud of in these two sons who have been 
successful in their chosen professions and, jointly, in several 
businesses in which they have invested and worked.
  A few words about Jere Glover's professional background which has 
brought him before the Senate for confirmation: Jere received his B.A. 
degree from Memphis State University in 1966 and his J.D. in 1969. 
After coming to Washington, Jere did graduate work in law at George 
Washington University where he received the LL.M. degree in 1974. He 
did this while serving on the staff of the Federal Trade Commission--an 
important agency for small business. Later he served on the staff of 
the House Small Business Committee where he was counsel to the 
Subcommittee on Antitrust, Consumers and Employment for a short period 
before being asked to join Milt Stewart's staff in the newly created 
SBA Office of Advocacy.

  Jere Glover held the No. 2 post in Advocacy during what are now seen 
by many as the halcyon days of the Office. Milt Stewart was aggressive 
and fearless in seeking to protect the interests of small business 
owners, and he ruffled a lot of feathers in this town. More 
importantly, he and his staff prepared the way for the 1980 White House 
Conference on Small Business--the first such conference in living 
memory--which proved hugely successful. That conference recommended, 
among other things, the Paperwork Reduction Act, the Regulatory 
Flexibility Act, the Taxpayer Bill of Rights, the Equal Access to 
Justice Act and the Small Business Innovation Research Act. All except 
the SBIR bill were enacted during the Carter administration.
  As Senators know, work is now underway for the 1995 White House 
Conference on Small Business, beginning with State conferences which 
will start this summer. We can only hope that it will be as successful 
as the 1980 conference.
  I can think of no person better qualified than Jere Glover for the 
post of Chief Counsel for Advocacy. Following his Government service in 
the 1970's, he established a successful law practice in Washington in 
which he has represented almost exclusively the interests of small 
businesses. His clients have included a number of well known trade 
associations for small businesses, and several individual small 
companies with a variety of legal problems and public policy issues. 
Jere Glover is knowledgeable about small business policy generally, and 
especially so in the areas of antitrust enforcement, fair trade 
practices, taxation, finance, and innovation. In addition, Jere has 
invested in and worked in several successful small companies, 
particularly in the area of medical devices and services.
  In short, Jere Glover has gained a wealth of experience which will 
put him in good stead as SBA's new chief counsel for advocacy. His 
nomination has been praised by all small business organizations 
including National Small Business United, National Association for the 
Self Employed, Small Business Council of America, National Association 
of Small Business Investment Companies, Small Business Legislative 
Council, National Association of Women Business Owners, and the 
National Federation of Independent Business.
  President Clinton is to be commended for selecting such a fine and 
universally respected person for this important post. I urge all 
Senators to support the President's nomination.

                               Exhibit 1


                      Senator Pressler's questions

       Mr. Glover, I would appreciate receiving your written 
     response to the following questions prior to the committee 
     vote on your nomination:

                      Activities in private sector

       Q. Have you ever lobbied an employee of the Office of 
     Advocacy? If so, whom did you lobby and on what issue?
       A. To the best of my knowledge, in the past 13 years I have 
     not lobbied any employee of the Office of Advocacy and 
     certainly have not in the past 3 or 4 years.
       Q. Have you ever represented a client before any other 
     division of the SBA?
       A. Yes. Size determination for Baron Transportation, Inc. 
     Preparation of initial 8(a) application of T&S Bus Service, 
     Inc. Small Disadvantaged Business protest involving Lightcom 
     International, Inc. (Prior to the announcement of the 
     intention to nominate me, I withdrew and turned the matter 
     over to another attorney, who is not associated with me, who 
     handled the matter thereafter.)
       Q. How would you avoid any appearances of a conflict of 
     interest with any of your former employers or clients?
       A. I will fully comply with SBA regulations concerning 
     conflicts of interest including the circumstances which might 
     give rise to any conflict. I will discuss the situation with 
     the agency's Ethics Officer and will comply with his or her 
     suggestions. If necessary, I will dispose of the asset in 
     question and/or recuse myself from matters involving former 
     clients.
       Q. Since you left the SBA in 1981, you have had business 
     relationships with numerous small business trade 
     associations. However, it appears some of these associations 
     may not be contained in the documents you provided to the 
     committee. Therefore, in order to clear up any confusion, 
     could you briefly discuss the associations that you have had 
     business relationships with since leaving SBA in 1981?
       A. To the best of my knowledge, both orally or in writing, 
     I have disclosed all of my business relationships. To clarify 
     any confusion, the following is a list of the associations 
     with which I have had a business relationship since 1981:
       In 1982 or 1983, I was retained for a brief period by the 
     National Federation of Independent Business as a consultant 
     and appeared as a witness on behalf of NFIB. I believe it was 
     at the National Governors' Conference.
       I served as counsel to and a director of National Small 
     Business United for a period of time in the early 1980s. Most 
     of my service to NSBU was on a pro-bono basis.
       I served as counsel and legislative representative to the 
     National Association for the Self-Employed during the mid to 
     late 1980s.
       In the early 1980s, I was on the board of the Small 
     Business Legislative Council and received an award for my 
     activities.
       I served as a director of and represented the Coalition of 
     Membership Associations (a coalition of several small 
     business associations) during the last few years.
       I served as President of the Alliance for Affordable Health 
     Care (an association of primarily small business 
     associations) during the last few years.
       I served as Executive Director of the National Council for 
     Industrial Innovation, a group of small business men and 
     women interested in innovation, from 1981 to present. This 
     organization has been inactive for several years.
       I served as Executive Director of the Fair Franchising 
     Coalition, from 1989 to present. This organization has been 
     inactive for several years.

                         Activities as nominee

       Q. During your recent courtesy call at my office, you 
     mentioned you have had only brief contact with the Office of 
     Advocacy since the President expressed his intent to nominate 
     you several months ago. However, I still have concerns over 
     the extent of your contact with the SBA prior to this hearing 
     and confirmation by the full Senate. Therefore, I have a 
     series of fairly specific questions about your recent 
     activities. How many meetings, visits, conversations, 
     briefings, telephone calls, or meals have you had with 
     Advocacy staff?
       A. In order to prepare for this hearing, and at the 
     suggestion of the Office of Congressional Relations, I have 
     had several briefing sessions with the Advocacy personnel. 
     The first of these was with Doris Freedman, the Acting 
     Chief Counsel. Ms. Freedman has also called me on two or 
     three occasions supplementing that meeting.
       Subsequent meetings were held with Office Directors Susan 
     Walthall and Bruce Phillips. Each of these meetings were 
     about two hours in length and were conducted at my office and 
     in an inexpensive Greek restaurant near my office.
       After receiving a copy of the issue papers for the White 
     House Conference on Small Business, I had a conversation with 
     Susan Walthall when Doris Freedman was out of the country. I 
     suggested that she try to make the issue papers more user 
     friendly. They were too long. I suggested an introductory 
     paragraph or a summary was needed. I did not suggest any 
     substantive changes but did suggest some editorial changes. I 
     was one of several members of the public who were asked to 
     review the issue papers.
       We had a rehearsal for the hearing at which Doris Freedman 
     appeared, together with Marty Teckler of the Office of 
     General Counsel, Bob Gardner of the Inspector General's 
     Office and Kris Swedin of the Congressional Relations Office.
       At the suggestion of staff of the Senate Small Business 
     Committee that Marty Teckler's letter to the Office of 
     Government Ethics be clarified, I went to Kris Swedin to her 
     office to get the changes made. Doris Freedman stopped by 
     Kris' office to say ``hi.''
       I also attended a hearing of the House Judiciary 
     Subcommittee on the Regulatory Flexibility Act. Doris 
     Freedman testified and at least one other Advocacy employee, 
     Barry Pinellas, was present. Other than pleasantries, no 
     substantive conversation occurred at this meeting.
       Q. Did you attend any public or private third-party events 
     with Advocacy officials? If so, please tell this committee 
     with whom you attended and describe the event.
       A. I attended the recent public Regulatory Forum presented 
     by the Office of Management and Budget and the SBA at which 
     the Acting Chief Counsel and other Advocacy personnel were 
     present. I did not have any discussions other than exchanging 
     pleasantries.
       I did not participate in the meeting except to listen, as a 
     member of the public audience, which included about 75 
     people.
       I attended the National Association for the Self-Employed's 
     Open House and met Steve Dixon, an Advocacy employee, who was 
     at the meeting. Other than exchanging pleasantries, no other 
     discussion was held.
       Since leaving the Office of Advocacy in 1981, I have made 
     no policy or personnel decisions or recommendations 
     concerning the Office of Advocacy. I will make no policy or 
     personnel decisions or recommendations until and if I am 
     confirmed.
       I did receive a letter from a small business owner about a 
     problem with a proposed FDA regulation. I forwarded it to the 
     Office of Advocacy without comment or recommendation.
       Q. In preparation for today's hearing, have you had any 
     contact with SBA's Inspector General's Office? If so, please 
     tell this committee with whom you met and describe the 
     encounters.
       A. Bob Gardner of the Inspector General's Office 
     participated in a dress rehearsal for the hearing with Doris 
     Freedman, Kris Swedin and Marty Teckler.
       Q. Did any of your activities involve the upcoming White 
     House Conference on Small Business? If so, what was the 
     extent of your activities?
       A. I met with Mark Schultz, the Executive Director of the 
     White House Conference, for approximately one hour to receive 
     a briefing on the organization and planning of the Conference 
     as a part of my briefing process. I later met with Kathy St. 
     Denis, Nick Friendly and Mark Schultz for a further 2-hour 
     briefing. As mentioned above I did review the issues papers.

                          Advocacy management

       Q. How independent do you envision the position of Chief 
     Counsel for Advocacy? In other words, how do you see your 
     role vis-a-vis the Administrator and the White House?
       A. I believe it is important for the Chief Counsel to 
     represent the views of the small business community even when 
     they conflict with the views of the Administrator and the 
     White House. It is my intention to work within the 
     Administration as much as possible but on issues that will 
     impact the small business community. It may be necessary and 
     appropriate to express my views and my opinions, even if they 
     are inconsistent with those of the Administrator and the 
     White House.
       The Administrator and I have discussed the role of Chief 
     Counsel and he and the President both understand that from 
     time to time I will express views which conflict with his 
     views or those of the President.
       A. Will you publicly oppose the President and Administrator 
     Bowles when they take positions that would have a negative 
     effect on the small business community?
       A. Yes, see question 1 above.
       Q. Currently, half the Regional Advocate positions remain 
     vacant. If confirmed, would you fill these very important 
     positions?
       A. If confirmed, I will be reviewing the functions of the 
     Regional Advocates as well as the entire office. Once that 
     review is completed, I will fill vacancies as soon as 
     possible.
       Q. The Acting Director of Advocacy's Office of Information 
     currently is engaged in a major fundraising campaign for 
     Small Business Week 1994. Do you think it is proper to raise 
     large sums of money from associations and corporations that 
     do business with the SBA, and with the Office of Advocacy in 
     particular?
       Congress recognized a need to develop partnerships with the 
     private sector to further the Small Business Administration's 
     mission. I have been advised that the Office of the General 
     Counsel at the SBA has issued an opinion that the small 
     business fundraising activities are legal and appropriate and 
     that this has been the practice for some years. I have been 
     told that none of the sponsoring organizations have contracts 
     with SBA.


                     Senator Coverdell's questions

       Q. What role do you think small businesses should play in 
     the reform of our health care system?
       A. Although I have not had an opportunity to fully review 
     the issues in Senator Coverdell's questions. I am providing 
     my comments based on the information I have at this time.
       Small business should play a constructive role in 
     restructuring the health care system. The current system 
     discriminates against small business. Many small businesses 
     are completely excluded from providing health insurance 
     because one of their key employees or family members has a 
     pre-existing condition. Likewise, many small businesses 
     cannot afford to provide health care under the circumstances. 
     Because of the significant effect on small business by any 
     health care legislation, small business has a significant 
     role to play in any health care legislation.
       Q. As a proponent of employer mandates and one who has 
     advocated this position, how can you now represent the 
     interest of small businesses who strongly oppose this 
     concept?
       A. I have never publicly been a proponent of employer 
     mandates, nor have I advocated this position. I believe that 
     it is important that the Chief Counsel totally represent the 
     view of small business, including the issue of health care. 
     Even in situations when I disagree with small businesses' 
     views, I believe it is important for me to reflect the views 
     of small businesses and their organizations.
       On the issue of employer mandates, it is clear that most 
     small business organizations and the majority of small 
     businesses are opposed to it. I will advise the White House 
     about small businesses' deep concerns and reservations about 
     employer mandates. I believe that I, as well as the rest of 
     Administration, am looking for an alternate solution that 
     involves universal coverage without employer mandates. To 
     date, I do not know of any other solution.
       Q. What is your position on labor issues such as Striker 
     Replacement and Davis-Bacon?
       A. While most small businesses don't have labor unions, 
     those that do are severely impacted by labor problems.
       In the case of striker replacement, I believe that the 
     proposed legislation interferes with the normal employee-
     employer relationship and that legislation in that regard is 
     not needed. Most small business organizations oppose striker 
     replacement.
       Concerning the Davis-Bacon Act, it is necessary to 
     reevaluate the prevailing wage to include not only union but 
     non-union wages in particular locations. I believe it is not 
     necessary to require a government contractor to pay the 
     higher wages. Most small business organizations support 
     reform or repeal of Davis-Bacon.
       Q. What is your position on Product Liability Reform?
       A. Product liability laws clearly need to be reformed. This 
     is a especially true for small businesses, which cannot 
     afford product liability insurance. Often small businesses 
     cannot sell their products because they cannot get product 
     liability insurance.
       Q. From your resume I note you have started a number of 
     small businesses. Did you receive SBA assistance with any of 
     these venture? If so, what assistance and what is your 
     current relationship with the assisted businesses?
       A. None of the businesses in which I have been involved 
     have requested or received any assistance from the Small 
     Business Administration. None was asked for and none was 
     received.
       I am an officer of two firms which have received SBIR 
     awards. Stacogen received an SBIR from NIH 6 to 8 years ago. 
     Advanced Resources International, Inc. received an SBIR award 
     from the Department of Energy last year. Since the 
     announcement of the intention to nominate me in December, I 
     have sold my interest in both firms.


                        Senator burns' Questions

       Q. Probably the most important issue facing the small 
     business community is health care reform. Will you publicly 
     oppose the President and Administrator Bowles when they take 
     positions that would have a negative effect on the small 
     business community?
       A. As I said in response to Senator Coverdell's question 
     number 1:
       ``Although I have not had an opportunity to fully review 
     the issues in Senator Coverdell's questions, I am providing 
     my comments based on the information I have at this time.
       Small business should play a constructive role in 
     restructuring the health care system. The current system 
     discriminates against small business. Many small businesses 
     are completely excluded from providing health insurance 
     because one of their key employees or family members has a 
     pre-existing condition. Likewise, many small businesses 
     cannot afford to provide health care under the circumstances. 
     Because of the significant effect on small business by any 
     health care legislation, small business has a significant 
     role to play in any health care legislation.''
       As I stated in my testimony, ``As the small business 
     community and Congress expect, and the law requires, if 
     confirmed, I intend to be a strong independent voice for 
     small business.''
       As I stated in my response to Senator Pressler's question:
       ``I believe it is important for the Chief Counsel to 
     represent the views of the small business community even when 
     they conflict with the views of the Administrator and the 
     White House. It is my intention to work within the 
     Administration as much as possible but on issues that will 
     impact the small business community, it may be necessary and 
     appropriate to express my views and my opinions, even if they 
     are inconsistent with those of the Administrator and the 
     White House.
       The Administrator and I have discussed the role of Chief 
     Counsel and he and the President both understand that from 
     time to time I will express views which conflict with his 
     views or those of the President.''
       Q. What is your position regarding employer mandates?
       A. As I said in my response to Senator Coverdell's question 
     number 2:
       ``I have never publicly been a proponent of employer 
     mandates, nor have I advocated this position. I believe that 
     it is important that the Chief Counsel totally represent the 
     view of small business, including the issue of health care. 
     Even in situations when I disagree with small businesses' 
     views, I believe it is important for me to reflect the views 
     of small businesses and their organizations.
       On the issue of employer mandates, it is clear that most 
     small business organizations and the majority of small 
     businesses are opposed to it. I will advise the White House 
     about small businesses' deep concerns and reservations about 
     employer mandates. I believe that I, as well as the rest of 
     Administration, am looking for an alternate solution that 
     involves universal coverage without employer mandates. To 
     date, I do not know of any other solution.''
       If conformed, I will continue to look for alternatives to 
     employer mandates.
       Q. What is your position regarding alliances?
       A. A number of small business organizations, including the 
     council of Smaller Enterprises in Cleveland and the Smaller 
     Manufacturers Council in Pittsburgh, have, in effect, created 
     health care alliances in the past. These have been successful 
     in reducing health care costs. One of the problems facing 
     small businesses now, as in the past, is having to pay 30 to 
     50 percent more in premiums for health care insurance than 
     large firms are paying. I believe alliances can afford small 
     businesses a more equal playing field and can enable small 
     businesses to purchase health care at lower rates similar to 
     those of large firms.
       Q. Do you think that Congress should go slow and start with 
     insurance reform, like portability, medical malpractice, 
     coverage of pre-existing conditions, and paperwork reduction?
       A. See response to question 1 above.
       Because of the severity of the problem, the hardship the 
     current situation has imposed on small business for many 
     years, and the millions of small business people and their 
     employees who do not have health insurance, I think Congress 
     should move quickly to resolve the health care crisis that 
     exists in America today.
       Issues like insurance reform, portability, medical 
     malpractice and coverage of pre-existing conditions, are all 
     serious problems. The states have historically had 
     jurisdiction to regulate these practices. It is unfortunate 
     that the states, by and large, have not addressed these 
     problems in the past.
       Q. Regarding tort reform: Can we expect your support and 
     cooperation when the Product Liability Fairness Act, S. 687, 
     comes to the Senate floor this spring, even if the 
     Administration does not support the bill?
       A. As I said in response to Senator Coverdell's question 
     number 4:
       ``Product liability laws clearly need to be reformed. This 
     is especially true for small businesses, which cannot afford 
     product liability insurance. Often small businesses cannot 
     sell their products because they cannot get product liability 
     insurance.''
       I have not reviewed S. 687 specifically. I do generally 
     support product liability reform and, if I am confirmed, will 
     review S. 687 as well as other product liability reform 
     legislation.
       Q. I also strongly support the Paperwork Reduction Act, 
     Senate Bill 560. As a cosponsor of this bill, I am interested 
     in your opinion on paperwork reduction. Can we count on your 
     support of S. 560?
       A. I have not reviewed S. 560 specifically, but I strongly 
     support paperwork reduction. If confirmed, I will review all 
     paperwork reduction legislation and support strong paperwork 
     reduction legislation.
       Q. Do you support a capital gains tax cut?
       A. Yes, so long as the capital gains tax is targeted 
     specifically to small businesses engaged in trade or 
     commerce. This has been my position since 1978. I believe 
     that targeted capital gains reduction for small businesses 
     which was included in the Budget Reconciliation Act last year 
     was a step in the right direction, but I believe more can and 
     should be done to encourage investment in small businesses 
     engaged in trade or commerce.


                      senator pressler's questions

       Q. What is your position regarding employer mandates?
       A. As I stated in my response to Senator Coverdell's 
     question number one and to Senator Burns' second question:
       ``I have never publicly been a proponent of employer 
     mandates, nor have I advocated this position. I believe that 
     it is important that the Chief Counsel totally represent the 
     view of small business, including the issue of health care. 
     Even in situations when I disagree with small businesses' 
     views, I believe it is important for me to reflect the views 
     of small businesses and their organizations.
       On the issue of employer mandates, it is clear that most 
     small business organizations and the majority of small 
     businesses are opposed to it. I will advise the White House 
     about small businesses' deep concerns and reservations about 
     employer mandates. I believe that I, as well as the rest of 
     Administration, am looking for an alternate solution that 
     involves universal coverage without employer mandates. To 
     date, I do not know of any other solution.''
       If confirmed, I will continue to look for alternatives to 
     employer mandates.
       Q. What is your position regarding alliances?
       A. As I stated in my response to Senator Burns' third 
     question:
       ``A number of small business organizations, including the 
     Council of Small Enterprises in Cleveland and the Smaller 
     Manufacturers Council in Pittsburgh, have, in effect, created 
     health care alliances in the past. These have been successful 
     in reducing health care costs. One of the problems facing 
     small businesses now, as in the past, is having to pay 30 to 
     50 percent more in premiums for health care insurance than 
     large firms are paying. I believe alliances can afford small 
     businesses a more equal playing field and can enable small 
     businesses to purchase health care at lower rates similar to 
     those of large firms.''
       Q. Do you support universal coverage or universal access?
       A. I support both. I think universal access should occur 
     immediately, and universal coverage should occur as soon as 
     practicable.
       Q. Do you think Congress should go slow and start with 
     insurance reform, like portability, medical malpractice 
     coverage of preexisting conditions, and paperwork reduction?
       A. As I said in response to Senator Coverdell's question 
     number 1:
       ``Small business should play a constructive role in 
     restructuring the health care system. The current system 
     discriminates against small business. Many small businesses 
     are completely excluded from providing health insurance 
     because one of their key employees or family members has a 
     pre-existing condition. Likewise, many small businesses 
     cannot afford to provide health care under the circumstances. 
     Because of the significant effect on small business by any 
     health care legislation, small business has a significant 
     role to play in any health care legislation.''
       As I stated in my response to Senator Burns' question 
     number four:
       ``Because of the severity of the problem, the hardship the 
     current situation has imposed on small business for many 
     years, and the millions of small business people and their 
     employees who do not have health insurance, I think Congress 
     should move quickly to resolve the health care crisis that 
     exists in America today.
       Issues like insurance reform, portability, medical 
     malpractice and coverage of pre-existing conditions, are all 
     serious problems. The states have historically had 
     jurisdiction to regulate these practices. It is unfortunate 
     that the states, by and large, have not addressed these 
     problems in the past.''
       Q. Do you support the Administration's plan or any of the 
     competing health care reform proposals? If so, does this mean 
     you will take a public position in opposition to the SBA 
     Administrator and the Administration?
       A. While I generally support the Administration's plan, as 
     I mentioned in the answer to question number one above, 
     regardless of my personal views, I will honestly report that 
     most small business organizations do not support the 
     President's plan. I will also work to see that whatever plan 
     is ultimately enacted is the most beneficial for small 
     business and has the least possible burdens for small 
     business.
       I have already taken positions in opposition to the 
     Administration. See my responses to Senator Coverdell's 
     questions 3 and 4 on striker replacement, Davis-Bacon and 
     product liability.


                     questions from senator wallop

               Health Care Legislation--Employer Mandates

       In the area of health care, I recognize that most small 
     business organizations do not support employer mandates. If 
     confirmed, I will acquaint myself with other proposals and 
     those that will be made in the future.
       I will work to see that whatever plan is ultimately enacted 
     is as beneficial as possible for small business and has the 
     least possible burdens on small business.
       I would like to discuss these and other issues of the 
     Office of Advocacy with you at your convenience at some time 
     in the future. I would also like to thank you personally for 
     your work to obtain judicial review for the Regulatory 
     Flexibility Act.

                       Regulatory Flexibility Act

       Q. Would you support deleting section 611 of the Act to 
     allow judicial review under the Regulatory Flexibility Act as 
     recommended in the Vice-President's National Performance 
     Review?
       A. Yes.
       Q. Do you support applying coverage of the Act to the IRS?
       A. Yes.
       Q. Do you support analyzing the indirect as well as the 
     direct impacts to be required under the Act?
       A. Yes.
       Q. Can we expect you to remain consistent in your support 
     of the Regulatory Flexibility Act in the interests of 
     representing small business no matter what the 
     Administration's agenda may be?
       A. Yes. From 1978 to 1980, I worked very hard on developing 
     the concept of regulatory flexibility and assuring the 
     ultimate passage of the bill. The implementation of the noble 
     goals of the Regulatory Flexibility Act have been impeded by 
     government officials who recognized that the Act is not 
     judicially enforceable and therefore had no teeth.
       Unfortunately, after 25 years' experience of administrative 
     law, I have come to the conclusion that we cannot trust the 
     bureaucracy to eliminate excessive and unnecessary regulatory 
     burdens on small business without judicial review.
       Your work in getting judicial review is a giant step 
     forward. I hope that the legislation is promptly passed. You 
     will have my enthusiastic and consistent support for judicial 
     review in the Regulatory Flexibility Act.
  Mr. SASSER. Madam President, I am pleased that the Senate has today 
confirmed the nomination of Mr. Jere Glover to be the chief counsel for 
advocacy at the Small Business Administration.
  Jere Glover hails originally from Ridgely, TN. He received his 
undergraduate and law degrees from Memphis State University, where he 
won numerous academic awards.
  Mr. Glover has extensive experience in government, law, and business 
which suits him well for the important post of chief counsel for 
advocacy. During the Carter administration, he culminated 12 years of 
service in the Federal Government by spending 3 years as deputy chief 
counsel for advocacy for the SBA. Mr. Glover served ably in that post 
and gained experience that will be invaluable to him as chief counsel 
for advocacy.
  After leaving the deputy chief counsel job in 1981, Mr. Glover 
entered private law practice. He has specialized in representing small 
business clients and trade associations before various State and 
Federal agencies and regulatory bodies. He has also started a number of 
businesses, and he remains chairman and CEO of a medical equipment 
company and a biotechnology company.
  During his prior service in the chief counsel's office, Mr. Glover 
worked closely with Congress on the passage of the Equal Access to 
Justice Act, the University Patent Act, the Small Business Innovation 
and Research Act and the Regulatory Flexibility Act. His work on and 
dedication to the principles of this last bill actually earned him the 
nickname of ``Mr. Reg Flex'' in many small business circles.
  Small business is the backbone of our Nation's economy. The Federal 
Government must pursue policies that foster its growth. The men and 
women who help develop those policies at the Small Business 
Administration must understand how small business work, and they must 
understand how important small business is to our Nation's future.
  Jere Glover is a small businessman. Jere Glover has worked for years 
on behalf of other small business people. Jere Glover has the 
experience and expertise to represent the special needs of our small 
business community in the position of chief counsel for advocacy. I 
commend my colleagues for confirming his nomination today, and I look 
forward to working with him on behalf of our Nation's small business 
men and women.

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