DATE:
FROM: Arthuretta H. Martin, Legislative Working Group
SUBJECT: January Legislative Report
The following is a summary of proposed legislation before congress affecting small businesses doing business with the Federal Government in the 109th Congress. Governmental Affairs. If you or any of the council members are aware of any pending legislation that you would like included in this report, please let me know.
H.R.230
Title: To amend the Small Business Act to direct the Administrator of
the Small Business Administration to establish a program to provide regulatory
compliance assistance to small business concerns, and for other purposes.
Sponsor: Rep
Sweeney, John E. [NY-20] (introduced
Latest Major Action:
House Reports: 109-208
SUMMARY AS OF:
National Small
Business Regulatory Assistance Act of 2005 - Amends the Small Business Act to
direct the Administrator of the Small Business Administration (SBA) to
establish a program to provide regulatory compliance assistance to small
businesses through selected Small Business Development Centers (Centers), the
Association for Small Business Development Centers (Association), and Federal
compliance partnership programs. Requires the Administrator to enter into
arrangements with selected Centers to provide: (1) access to regulatory
information and resources; (2) training and education activities; (3)
confidential counseling to owners and operators of small businesses regarding compliance
with Federal and State regulations; (4) technical assistance; (5) referrals to
providers of compliance assistance; and (6) access to the Internet and training
on Internet use. Requires quarterly reports from each
selected Center to the Administrator on assistance provided.
Directs the
Administrator to: (1) act as the repository of and clearinghouse for data and
information submitted by Centers; (2) report annually to the President and the
congressional small business committees on assistance provided; and (3)
establish an Internet website that provides access to websites containing
industry-specific regulatory compliance information. Directs the Chief Counsel
for Advocacy of the SBA to: (1) review the Administrator's list of small
business regulations; (2) identify those regulations having a significant
impact on small businesses; (3) request the federal review of any such
regulations; and (4) publish an annual report of such regulations and their
disposition.
Requires the
Administrator, giving substantial weight to the Association's recommendations,
to select the Centers programs of two States from each of ten groups of States
for participation in the program. Authorizes the Administrator to make
additional selections after three years, with a preference for programs that
have a plan for consulting with Federal and State agencies to ensure that
assistance provided under this Act is not duplicated by any other Federal or
State program. Sets forth the formula for determining program grant amounts. Provides
a minimum grant amount of $200,000. Directs the Comptroller General to evaluate
the grant program and report evaluation results to the Administrator and the
small business committees. Authorizes appropriations.
Requires the
Administrator to promulgate final regulations to carry out this Act, after
providing notice and an opportunity for comment and after consulting with the
Association.
H.R.4234
Title: To provide for the relief, recovery, and expansion of small
business concerns affected by Hurricane Katrina through technical assistance,
access to capital, and expanded Federal contracting opportunities, and for
other purposes.
Sponsor: Rep
Velazquez, Nydia M. [NY-12] (introduced 11/4/2005)
Cosponsors (None)
Latest Major Action: 11/4/2005 Referred to House committee. Status:
Referred to the House Committee on Small Business.
SUMMARY AS OF:
11/4/2005--Introduced.
Small Business Gulf
Coast Revitalization Act of 2005 - Authorizes the Administrator of the Small
Business Administration (SBA) to: (1) make grants of up to $100,000 to
Hurricane Katrina-affected small businesses (such businesses); (2) refinance
existing SBA debts and suspend payments on SBA disaster loans with respect to
such businesses; (3) enter into agreements with SBA preferred lenders to
participate on a deferred basis in loans made to such businesses; and (4)
guarantee non-SBA bank loans made to such businesses.
Directs the
Administrator to: (1) select a Gulf Region New Markets Venture Capital Company;
and (2) make grants to such businesses under the microenterprise technical
assistance and capacity building grant program.
Requires not less
than 30 percent of all prime contracts awarded by federal agencies for recovery
or reconstruction activities related to Hurricane Katrina to be awarded to
small businesses located in Alabama, Mississippi, or Louisiana. Authorizes
restricted competition in federal prime contracts and other preferences for
such businesses. Provides increased small business access to federal
subcontracts for hurricane relief and recovery.
Authorizes small
business development centers to send counselors to centers located in
Katrina-affected areas.
Authorizes the
Administrator to make five-year grants to eligible organizations to establish
and operate small business incubator programs in Katrina-affected areas.
S.1411
Title: A bill to direct the Administrator of the Small Business Administration
to establish a pilot program to provide regulatory compliance assistance to
small business concerns, and for other purposes
Sponsor: Sen
Kerry, John F. [MA] (introduced 7/15/2005) Cosponsors
(17)
Latest Major Action: 7/15/2005 Referred to Senate committee. Status:
Read twice and referred to the Committee on Small Business and
Entrepreneurship.
SUMMARY AS OF:
7/15/2005--Introduced.
National Small
Business Regulatory Assistance Act of 2005 - Directs the Administrator of the
Small Business Administration (SBA) to establish a pilot program to provide
regulatory compliance assistance to small businesses through participating
Small Business Development Centers (Centers). Requires the Administrator to
enter into arrangements with participating Centers to provide: (1) access to
regulatory information and resources; (2) training and education activities;
(3) confidential counseling to owners and operators of small businesses
regarding compliance with Federal regulations; (4) technical assistance; and
(5) partnerships with Federal compliance programs.
Requires the
Administrator, giving substantial weight to the recommendations of the majority
of the Centers, to select the Center programs of two States from each of ten
groups of States for participation in the pilot program. Provides grant limits.
Terminates the pilot program four years after disbursement of the first grant.
H.R.4531
Title: To authorize the Administrator of the Small Business
Administration to deem certain small business concerns qualified HUBZone small
business concerns.
Sponsor: Rep
Cramer, Robert E. (Bud), Jr. [AL-5] (introduced 12/14/2005)
Cosponsors (None)
Latest Major Action: 12/14/2005 Referred to House committee. Status:
Referred to the House Committee on Small Business.
To authorize the Administrator of the Small Business Administration to deem
certain small business concerns qualified HUBZone small business concerns.
(Introduced in House)
S.RES.165
Title: A resolution congratulating the Small Business Development
Centers of the Small Business Administration on their 25 years of service to
America's small business owners and entrepreneurs.
Sponsor: Sen
Snowe, Olympia J. [ME] (introduced 6/9/2005) Cosponsors
(11)
Latest Major Action: 6/22/2005 Passed/agreed to in Senate. Status:
Resolution agreed to in Senate without amendment and with a preamble by
Unanimous Consent.
SUMMARY AS OF:
6/22/2005--Passed Senate, without amendment. (There is 1
other
summary)
(This measure has
not been amended since it was introduced. The summary of that version is
repeated here.)
Congratulates the
Small Business Development Centers of the Small Business Administration on their
25 years of service to America's small business owners and entrepreneurs.
Recognizes the
service of such Centers in helping small businesses start, grow, and flourish.
Directs the
Secretary of the Senate to transmit an enrolled copy of this resolution to the
Association for Small Business Development Centers for appropriate display.
H.R.4474
Title: To enhance the section 8(a) program of the Small Business Act.
Sponsor: Rep
Barrow, John [GA-12] (introduced 12/8/2005) Cosponsors
(35)
Latest Major Action: 12/8/2005 Referred to House committee. Status:
Referred to the House Committee on Small Business.
Minority-Owned Venture Empowerment Act of 2005 (Introduced in House)
(a) Short Title- This Act may be cited as
the `Minority-Owned Venture Empowerment Act of 2005'.
(b) Table of Contents- The table of contents
for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 101. Purpose.
Sec. 102. Technical assistance program.
Sec. 201. Purpose.
Sec. 202. Administration of section 8(a)
program.
Sec. 1. Purpose.
Sec. 2. Retention of status after completion
of 8(a) program.
Sec. 3. Restricted competition for small
businesses owned and controlled by socially and economically disadvantaged
individuals.
Congress finds the following:
(1) Minority-owned businesses play a vital
role in shaping the Nation's economy, having an impact in communities across
the country, generating $700,000,000 in revenue, and employing nearly 5,000,000
people.
(2) Businesses owned by minorities have a
rapid growth rate, as much as 8.5 percent annually, which is three times higher
than the average for United States firms, and minority owned firms represent 15
percent of all United States businesses.
(3) Despite the phenomenal growth of
minority entrepreneurship, it lags behind mainstream businesses, facing
numerous barriers and obstacles.
(4) While the purchasing power of the
Federal Government is an effective way to expand entrepreneurship, minority
business owners continue to have limited opportunities to break into the
Federal marketplace, largely due to several factors including a lack of credit,
denial of contracts, and unequal treatment by large contractors.
(5) The section 8(a) program of the Small
Business Administration acts as an important catalyst for helping minority
entrepreneurs overcome these barriers and aiding in their overall growth and
development.
(6) From its inception, the program has been
responsible for the growth of more than 20,000 companies in every State across
the Nation, including the District of Columbia, Puerto Rico and the Virgin
Islands, which have received over $100 billion in government contracts and are
currently employing more than 200,000 people.
(7) In the nearly 20 years since the last
comprehensive modernization of the 8(a) program, the Federal marketplace has
changed significantly.
(8) The changes in the buying strategies of
Federal agencies have cost minority entrepreneurs billions of dollars in lost
contracting opportunities, and last year alone the section 8(a) program
suffered a record loss of $2,400,000,000, a drop of one-fifth in the program
level leaving a significant number of minority business owners locked out of
the Federal marketplace.
(9) The section 8(a) program, which bridges
the entrepreneurial divide, is important to minority business development, and
to operate at its fullest potential, it must be supported by agency heads,
modernized by Congress on a regular basis, and adequately funded.
The purpose of this title is as follows:
(1) To establish a developmental training
initiative to provide small business concerns with the technical assistance
necessary to navigate the Federal marketplace.
(2) To ensure that owners of small business
concerns are adequately prepared to perform contracts upon entrance into the
Federal marketplace.
(a) Establishment- The Administrator of the
Small Business Administration shall establish a program to be know as the
`Pre-8(a) Program' (in this section referred to as the `Program') to provide
technical assistance to small business concerns with respect to the receipt and
performance of Federal procurement contracts.
(b) Eligibility-
(1) OWNERSHIP AND NET WORTH- To be eligible
to participate in the Program under this section, a small business concern
shall--
(A) be owned and controlled by one or more
socially and economically disadvantaged individual; and
(B) have a net worth that does not exceed
the maximum level specified pursuant to subsection (g).
(2) APPLICATION- To participate in the
Program under this section, a small business concern shall submit an
application describing the ownership, control, and social and economic
disadvantage of the small business concern.
(3) NONAPPLICABILITY OF OTHER FACTORS- In
approving a small business concern for participation in the Program, the
Administrator shall not consider the following factors:
(A) The length of time for which the small
business concern has been in business in its primary industry classification.
(B) The prospects for success of the small
business concern in competing in the private sector.
(C) The access to credit and capital of the
small business concern.
(D) The technical and managerial experience
of the managers of the small business concern.
(E) The operating history of the small
business concern.
(F) The demonstrated technical knowledge of
the small business concern.
(G) The record of performance on Federal and
private sector contracts of the small business concern.
(H) The financial history of the small
business concern.
(I) Any outside employment of the owner of
the small business concern.
(c) Needs Assessment-
(1) ASSESSMENT REQUIRED- Not less than once
every two years, the Administrator shall conduct a needs assessment of each
small business concern participating in the Program under this section. Such
needs assessment shall include the following:
(A) An assessment of the training and skills
of the owner of the small business concern (including business management
training, marketing, accounting, bookkeeping, and Federal contracting).
(B) A determination of the likelihood that
the small business concern will receive Federal prime contracts in its primary
industry or in associated industry areas through technical assistance and
development provided through the Program.
(2) TERMINATION OF PARTICIPATION- If the
Administrator determines, pursuant to a needs assessment, that a participating
small business concern is not making progress toward financial soundness and
participation in Federal contracts, the Administrator may terminate the
participation of the small business concern in the Program.
(d) Noneligibility for Sole Source or
Competitive Contracts- A small business concern participating in the Program
shall not be eligible to be awarded a Federal contract awarded using procedures
other than competitive procedures or a contract awarded using competitive
procedures under section 8(a) of the Small Business Act (15 U.S.C. 637(a)).
(e) Agreement for Facilitation of Training-
In order to facilitate the provision of technical assistance under the Program,
the Administrator shall enter into an agreement with the Secretary of Defense
regarding the use of Procurement Technical Assistance Centers. The
Administrator may enter into such other agreements with other providers of
technical assistance as the Administrator finds appropriate.
(f) Completion of Program Participation- A
small business concern shall have completed the Program if the Administrator
determines that it is financially sound and has successfully performed a
Federal contract.
(g) Net Worth Requirements-
(1) ESTABLISHMENT OF MAXIMUM LEVELS- Not
later than 180 days, the Administrator shall establish, for each industry
classification, a maximum level of net worth for a small business entering the
Program. In establishing such maximum levels, the Administrator shall take into
consideration the capital needs of each industry.
(2) TREATMENT OF REAL ESTATE- In determining
the net worth of a small business concern for purposes of this subsection, the
Administrator shall not include the value of any real estate owned by the owner
of the small business concern.
(3) TRANSITIONAL RULE- Until the
Administrator establishes maximum net worth levels pursuant to paragraph (1),
the maximum net worth of a small business eligible to enter the Program shall
not exceed $750,000.
The purpose of this title is as follows:
(1) to ensure that the section 8(a) program
of the Small Business Act continues as an effective developmental business tool
that aids in the further growth of minority entrepreneurs.
(2) To enhance the section 8(a) program to
accurately reflect the dynamics of the modern procurement system so as to
better equip minority small businesses to obtain contracts.
(a) Modifications to 8(a) Program-
Notwithstanding any provision of the Small Business Act (15 U.S.C. 631 et
seq.), the Administrator shall administer the program under section 8(a) of
such Act with the following modifications:
(1) PROGRAM PARTICIPATION REQUIREMENT-
(A) REQUIREMENT- No small business concern
shall be eligible to participate in the program under section 8(a) of the Small
Business Act (15 U.S.C. 637(a)) before completing the Program established under
section 2
(B) WAIVER OF PARTICIPATION REQUIREMENT- The
requirement under subparagraph (A) may be waived if the Administrator
determines that a small business concern is financially sound and has
successfully completed a Federal contract.
(2) LIMITATION ON AGGREGATE VALUE OF
CONTRACTS- The aggregate value of the contracts a participant in the program
under such section may enter into shall not exceed $100,000,000.
(3) ECONOMIC DISADVANTAGE-
(A) DEADLINE FOR DETERMINATION OF MAXIMUM
LEVELS OF NET WORTH- Not later than 180 days after the date of the enactment of
this Act, the Administrator shall establish, for each industry classification,
a maximum level of net worth for an economically disadvantaged individual. In
establishing such maximum levels, the Administrator shall take into
consideration the capital needs of each industry.
(B) DETERMINATION FOR TERM OF PROGRAM- For
the purpose of this section, an individual who has been determined by the
Administrator to be economically disadvantaged at the time of program entry
shall be deemed to be economically disadvantaged for the term of the program.
(C) PERSONAL NET WORTH- In determining
personal net worth for the purpose of program entry, the Administrator shall
exclude from such determination the following:
(i) The value of any investment of a
disadvantaged owner have in the small business concern, except that such value
shall be taken into account under this paragraph when comparing such concerns
to other concerns in the same business area that are owned by other than
socially disadvantaged persons.
(ii) The equity of a disadvantaged owner in
a primary personal residence.
(D) MAXIMUM NET WORTH- The Administrator
shall not establish a maximum net worth that prohibits program entry of less
than $750,000.
(b) Modifications to Developmental Phase-
(1) ELIGIBILITY FOR RESTRICTED COMPETITION
CONTRACTS- A small business concern participating in the developmental phase of
such program, shall be eligible to enter into a contract awarded using
procedures other than competitive procedures that--
(A) is assigned an industrial classification
code for manufacturing and is valued at not more than $10,000,000; or
(B) is assigned an industrial classification
code other than a code for manufacturing and is valued at not more than
$6,000,0000.
(2) DURATION OF PHASE- A small business
concern participating in such program shall complete the developmental phase of
the program in six years.
(c) Modifications to Transitional Phase-
(1) REDUCTION OF SOLE SOURCE CONTRACTS- In
each year of the transitional phase, a small business concern participating in
such program shall--
(A) reduce by 25 percent the aggregate value
of the contracts it performs that are awarded using procedures other than
competitive procedures; and
(B) increase the aggregate value of the
contracts (awarded under this section or otherwise) it performs that are
awarded using competitive procedures.
(2) ELIGIBILITY FOR RESTRICTED COMPETITION
CONTRACTS- A small business concern participating in the transitional phase of
such program, shall be eligible to enter into a contract awarded using
procedures other than competitive procedures that--
(A) is assigned an industrial classification
code for manufacturing and is valued at not more than $10,000,000; or
(B) is assigned an industrial classification
code other than a code for manufacturing and is valued at not more than
$6,000,0000.
(d) Effective Date for Modifications to the
8(a) Program-
(1) IN GENERAL- This Act shall apply with
respect to small business concerns that apply to the program under section 8(a)
of the Small Business Act after the date of the enactment of this Act.
(2) TRANSITIONAL RULE- A small business
concern participating in the program under section 8(a) of the Small Business
Act (15 U.S.C. 637(a)) may participate for not more than ten years.
The purpose of this title is as follows:
(1) To provide a restricted contracting
competition program limited to small business concerns that have successfully
graduated from the section 8(a) program and certified small disadvantaged
businesses.
(2) To enable 8(a) program graduates to
utilize the expertise they have developed during the program.
(3) To increase minority business
representation in the Federal marketplace.
A small business concern that successfully
completes the program under section 8(a) of the Small Business Act (15 U.S.C.
637(a)) shall be considered a small disadvantaged business for purposes of
Government contracting unless the ownership or control of the small business
concern changes.
(a) Authority to Restrict Competition-
Section 8 of the Small Business Act (15 U.S.C. 637(a)) is amended by adding at
the end the following new subsection:
`(o) Restricted Competition for Small
Businesses Owned and Controlled by Socially and Economically Disadvantaged
Individuals-
`(1) AUTHORITY TO RESTRICT COMPETITION- In
accordance with this subsection, a contracting officer may restrict competition
for any contract for the procurement of goods or services by the Federal
Government to small business concerns owned and controlled by socially and
economically disadvantaged individuals, if--
`(A) each of the concerns is not less than
51 percent owned by one or more socially and economically disadvantaged
individuals (and such ownership is determined without regard to any community
property law);
`(B) the contracting officer has a
reasonable expectation that two or more small business concerns owned and
controlled by socially and economically disadvantaged individuals will submit
offers for the contract;
`(C) the contract is for the procurement of
goods or services with respect to an industry identified by the Secretary of
Commerce as underrepresented by small business concerns owned and controlled by
socially and economically disadvantaged individuals;
`(D) the anticipated award price of the
contract (including options) does not exceed--
`(i) $10,000,000, in the case of a contract
assigned an industrial classification code for manufacturing; or
`(ii) $6,000,000, in the case of all other
contracts;
`(E) in the estimation of the contracting
officer, the contract award can be made at a fair and reasonable price; and
`(F) each of the concerns--
`(i) is certified by a Federal agency, a State
government, or a national certifying entity approved by the Administrator, as a
small business concern owned and controlled by socially and economically
disadvantaged individuals; or
`(ii) certifies to the contracting officer
that it is a small business concern owned and controlled by socially and
economically disadvantaged individuals and provides adequate documentation, in
accordance with standards established by the Administration, to support such
certification.
`(2) ENFORCEMENT; PENALTIES-
`(A) VERIFICATION OF ELIGIBILITY- In
carrying out this subsection, the Administrator shall establish procedures
relating to--
`(i) the filing, investigation, and
disposition by the Administration of any challenge to the eligibility of a
small business concern to receive assistance under this subsection (including a
challenge, filed by an interested party, relating to the veracity of a
certification made or information provided to the Administration by a small
business concern under paragraph (1)(F)); and
`(ii) verification by the Administrator of
the accuracy of any certification made or information provided to the
Administration by a small business concern under paragraph (1)(F).
`(B) EXAMINATIONS- The procedures
established under subparagraph (A) may provide for program examinations
(including random program examinations) by the Administrator of any small
business concern making a certification or providing information to the
Administrator under paragraph (1)(F).
`(C) PENALTIES- In addition to the penalties
described in section 16(d), any small business concern that is determined by
the Administrator to have misrepresented the status of that concern as a small
business concern owned and controlled by socially and economically
disadvantaged individuals for purposes of this subsection, shall be subject
to--
`(i) section 1001 of title 18, United States
Code; and
`(ii) sections 3729 through 3733 of title
31, United States Code.
`(3) PROVISION OF DATA- Upon the request of
the Administrator, the head of any Federal department or agency shall promptly
provide to the Administrator such information as the Administrator determines
to be necessary to carry out this subsection.
`(4) DEFINITIONS- In this subsection, the
following definitions apply:
`(A) CONTRACTING OFFICER- The term
`contracting officer' has the meaning given such term in section 27(f)(5) of
the Office of Federal Procurement Policy Act (41 U.S.C. 423(f)(5)).
`(B) SMALL BUSINESS CONCERN OWNED AND
CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS- The term
`small business concern owned and controlled by socially and economically
disadvantaged individuals' has the meaning given such term under subsection
(d)(3)(C).'.
(b) Effective Date- The amendments made by
this section shall apply with respect to a contracts announced after the date
of the enactment of this Act.
S.1807
Title: A bill to provide assistance for small businesses damaged by
Hurricane Katrina or Hurricane Rita, and for other purposes.
Sponsor: Sen
Snowe, Olympia J. [ME] (introduced 9/30/2005)
Cosponsors
(8)
Latest Major Action: 9/30/2005 Referred to Senate committee. Status:
Read twice and referred to the Committee on Small Business and
Entrepreneurship.
SUMMARY AS OF:
9/30/2005--Introduced.
Small Business
Hurricane Relief and Reconstruction Act of 2005 - Amends the Small Business Act
to authorize the Administrator of the Small Business Administration (SBA) to
make loans of up to $10 million aggregate to a nonprofit organization located
or operating in a disaster area (as designated by the President as a result of
Hurricane Katrina or Rita) or providing services to persons who have evacuated
from a disaster area. Defers disaster loan payments to the later of one year
after the date of enactment of this Act or one year from the date of issuance
of the loan (but allows the Administrator to extend such deferral until two
years after either date). Authorizes the refinancing of any loan or business
debt related to such disasters that was outstanding on August 24, 2005.
Authorizes the
Administrator to make loans to small businesses or cooperatives that
demonstrate a direct adverse economic impact caused by either Hurricane Katrina
or Rita.
Authorizes the
Administrator to make loans to small businesses that have or are likely to
suffer substantial economic injury on or after August 24, 2005, as the result
of a significant increase in the price of heating oil, natural gas, propane, or
kerosene. Amends the Consolidated Farm and Rural Development Act to authorize
such loans for farms that are also a small business and that suffer substantial
economic injury after such date as the result of a significant increase in
energy or input costs.
Authorizes the
Administrator to: (1) make supplemental emergency loans to small businesses
located anywhere in the United States that are directly adversely affected by
Hurricane Katrina or Rita; and (2) guarantee timely payment on any debentures
issued by small business development companies after Hurricane Katrina or Rita.
Increases authorized
funding for small business loan programs. Authorizes appropriations to the
Secretary of Commerce for grants to state government agencies in Louisiana,
Alabama, Mississippi, Texas, and Florida, for relief from damages caused by
Hurricane Katrina or Rita.
Authorizes
appropriations to the SBA for specified small business development and
counseling activities.
Directs or
authorizes the Administrator, with respect to small businesses affected by
Hurricane Katrina or Rita, to: (1) establish a contracting outreach and
technical assistance program; (2) provide performance bonding; and (3) increase
the goal of participation in federal prime contracts and subcontracts.
H.R.3586
Title: To amend the Internal Revenue Code of 1986 to provide for Small
Business Protection Accounts, and for other purposes.
Sponsor: Rep
Porter, Jon C. [NV-3] (introduced 7/28/2005) Cosponsors
(4)
Latest Major Action: 7/28/2005 Referred to House committee. Status:
Referred to the Committee on Ways and Means, and in addition to the Committee
on Small Business, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
SUMMARY AS OF:
7/28/2005--Introduced.
Small Business
Protection Act of 2005 - Amends the Internal Revenue Code to allow certain
small business owners a tax deduction for cash contributions to a Small
Business Protection Account. Limits the amount of such deduction to 50 percent
of a taxpayer's net profits.
Directs the Small
Business Administration, through the Small Business Development Center Program,
to assist small businesses in establishing and operating Small Business
Protection Accounts.
H.R.4427
Title: To direct the Secretary of Homeland Security to establish a
database of small businesses for purposes of consultation by Federal agencies
prior to awarding contracts relating to declared emergencies.
Sponsor: Rep
Thompson, Bennie G. [MS-2] (introduced 11/18/2005)
Cosponsors
(11)
Latest Major Action: 11/18/2005 Referred to House committee. Status:
Referred to the Committee on Transportation and Infrastructure, and in addition
to the Committee on Government Reform, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
SUMMARY AS OF:
11/18/2005--Introduced.
Amends the Homeland
Security Act of 2002 to direct the Secretary of Homeland Security, acting
through the Director of the Federal Emergency Management Agency (FEMA), to
establish a database of small business concerns which must be consulted by
federal agencies before awarding a federal contract for a disaster-related activity.
S.137
Title: A bill to modify the contract consolidation requirements in the
Small Business Act, and for other purposes.
Sponsor: Sen
Kerry, John F. [MA] (introduced 1/24/2005)
Cosponsors (None)
Latest Major Action: 1/24/2005 Referred to Senate committee. Status:
Read twice and referred to the Committee on Small Business and
Entrepreneurship.
SUMMARY AS OF:
1/24/2005--Introduced.
Small Business
Federal Contractor Safeguard Act of 2005 - Amends the Small Business Act to
prohibit an official of a military department, Defense Agency, or the
Department of Defense Field Activity, or the head of any other Federal agency
from executing an acquisition strategy that includes a consolidation of
contract requirements with a total value above specified amounts unless the
senior procurement executive first: (1) conducts market research; (2)
identifies any alternative contracting approaches that would involve less
consolidation; and (3) determines that the consolidation is necessary and
justified. Defines "consolidation of defense requirements" as the use
of a solicitation to obtain offers for a single contract to satisfy two or more
requirements for goods or services that have previously been provided under
separate contracts for a smaller cost or are capable of being so provided.
Requires each
procurement employee to communicate to their subordinates the importance of
achieving small business goals and include the success of such an employee in
small business utilization as an annual performance evaluation factor.
Requires small
business subcontracting plans to include a certification that the offeror or
bidder will acquire articles or services from small businesses in the amount
used in preparing the bid or proposal.
Requires the Small
Business Administration (SBA) to share subcontracting compliance review data
with Federal contracting officers and to update a national centralized Government-wide
database with such information.
Requires annual
reports from the Associate Administrator of Business Development to the small
business committees on the effectiveness of the BusinessLINC program.
H.R.3988
Title: To provide for priority in Federal contracting for businesses in
areas adversely affected by Hurricane Katrina and Hurricane Rita and treatment
of small business concerns adversely affected by Hurricane Katrina and
Hurricane Rita as HUBZone small business concerns, and for other purposes.
Sponsor: Rep
Jindal, Bobby [LA-1] (introduced 10/6/2005) Cosponsors
(4)
Latest Major Action: 10/6/2005 Referred to House committee. Status:
Referred to the Committee on Government Reform, and in addition to the
Committee on Small Business, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
SUMMARY AS OF:
10/6/2005--Introduced.
Gulf Coast Small
Business Recovery Act - Requires, for any contract for the procurement of goods
or services related to any damage caused as a result of Hurricane Katrina or
Rita, or any reconstruction related to such damage, a federal agency to give
priority to a business that as of August 28, 2005, had a significant presence
in a Gulf hurricane disaster-affected area. Requires an agency to award not
less than 30 percent of amounts expended for prime contracts, and not less than
40 percent of amounts expended for subcontracts, on procurements to small
businesses that, as of such date, had such a presence. Requires an agency to
provide the maximum practicable opportunity for small business participation in
all such contracts and subcontracts.
Requires a Gulf
hurricane disaster-affected small business to be treated as if it were located
in a HUBZone (heavily underutilized business zone) for purposes of favorable
loan status under the Small Business Act.
Prohibits, until two
years after the enactment of this Act, any federal government facility from
being permanently relocated from a location in a Gulf hurricane disaster-affected
area to a location outside that area.
H.R.4565
Title: To amend the Small Business Investment Act of 1958 to establish
the Angel Investment Program.
Sponsor: Rep
Velazquez, Nydia M. [NY-12] (introduced 12/15/2005)
Cosponsors
(11)
Latest Major Action: 12/15/2005 Referred to House committee. Status:
Referred to the Committee on Small Business, and in addition to the Committee
on Ways and Means, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
Angels Nurture Growing Entrepreneurs into Long-term Successes (ANGELS) Act
(Introduced in House)
109th CONGRESS
1st Session
H. R. 4565
To amend the Small
Business Investment Act of 1958 to establish the Angel Investment Program.
IN THE HOUSE OF REPRESENTATIVES
Ms. VELAZQUEZ (for
herself, Mr. BARROW, Ms. BEAN, Ms. BORDALLO, Mr. CASE, Mrs. CHRISTENSEN, Mr.
DAVIS of Illinois, Mr. GRIJALVA, Mr. MICHAUD, Ms. MILLENDER-MCDONALD, Ms. MOORE
of Wisconsin, and Ms. LINDA T. SANCHEZ of California) introduced the following
bill; which was referred to the Committee on Small Business, and in addition to
the Committee on Ways and Means, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To amend the Small
Business Investment Act of 1958 to establish the Angel Investment Program.
Be it enacted by the Senate and House of
Representatives of the United States of America in Congress assembled,
This Act may be cited as the `Angels Nurture
Growing Entrepreneurs into Long-term Successes (ANGELS) Act'.
(a) Establishment- Title III of the Small Business
Investment Act of 1958 (15 U.S.C. 681 et seq.) is amended by adding at the end
the following new part:
`(a) Establishment- There is established, in
the Investment Division of the Small Business Administration, the Office of
Angel Investment.
`(b) Director- The head of the Office of
Angel Investment is the Director of Angel Investment.
`(c) Duties- Subject to the direction of the
Secretary, the Director shall perform the following functions:
`(1) Provide support for the development of
angel investment opportunities for small business concerns.
`(2) Administer the Angel Finance Program
under section 381 of this Act.
`(3) Administer the Federal Angel Network
under section 382 of this Act.
`(4) Administer the grant program for the
development of angel groups under section 383 of this Act.
`(5) Perform such other duties consistent
with this section as the Administrator shall prescribe.
`(a) In General- The Director of Angel
Investment shall establish and carry out a program, to be known as the Angel
Finance Program, to provide financing to approved angel groups.
`(b) Eligibility- To be eligible to receive
financing under this section, an angel group shall--
`(1) have demonstrated experience making
investments in local or regional small business concerns;
`(2) have established protocols and a due
diligence process for determining its investment strategy;
`(3) have an established code of ethics; and
`(4) submit an application to the Director
of Angel Investment at such time and containing such information and assurances
as the Director may require.
`(c) Use of Funds- An angel group that
receives financing under this section shall use the amounts received to make
investments in small business concerns--
`(1) that have been in existence for less
than 5 years as of the date on which the investment is made;
`(2) that have fewer than 75 employees as of
the date on which the investment is made; and
`(3) more than 50 percent of the employees
of which perform substantially all of their services in the United States as of
the date on which the investment is made.
`(d) Limitation on Amount- No angel group
receiving financing under this section shall receive more than $2,000,000.
`(e) Priority in Providing Financing- In
providing financing under this section, the Director shall give priority to
angel groups that invest in small business concerns owned and controlled by
veterans, small business concerns owned and controlled by women, and socially
and economically disadvantaged small business concerns.
`(f) Geographic Distribution of Financing-
In providing financing under this section, the Director shall, to the extent
practicable, provide financing to angel groups that are located in a variety of
geographic areas.
`(g) Matching Requirement- As a condition of
receiving financing under this section, the Director shall require that for
each small business concern in which the angel group receiving such financing
invests, the angel group shall invest an amount that is equal to or greater
than the amount of financing received under this section from a source other
than the Federal Government that is equal to the amount of the financing
provided under this section that the angel group invests in that small business
concern.
`(h) Repayment of Financing- As a condition
of receiving financing under this section, the Director shall require an angel
group to repay the Director for any investment on which the angel group makes a
profit an amount equal to the percentage of the profit that is equal to the
percentage of the total amount invested by the angel group that consisted of
financing received under this section.
`(i) Angel Investment Fund-
`(1) ESTABLISHMENT- There is in the Treasury
a fund to be known as the Angel Investment Fund.
`(2) DEPOSIT OF CERTAIN AMOUNTS- Amounts
collected under subsection (h) shall be deposited in the fund.
`(3) USE OF DEPOSITS- Deposits in the fund
shall be available for the purpose of providing financing under this section in
the amounts specified in annual appropriation laws without regard to fiscal
year limitations.
`(j) Definitions- In this section:
`(1) The term `small business concern owned
and controlled by veterans' has the meaning given that term under section
3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)).
`(2) The term `small business concern owned
and controlled by women' has the meaning given that term under section
8(d)(3)(D) of such Act (15 U.S.C. 637(d)(3)(D)).
`(3) The term `socially and economically
disadvantaged small business concern' has the meaning given that term under
section 8(a)(4)(A) of such Act (15 U.S.C. 637(a)(4)(A)).
`(k) Authorization of Appropriations- There
is authorized to be appropriated to carry out this section--
`(1) $25,000,000 for fiscal year 2007;
`(2) $50,000,000 for fiscal year 2008; and
`(3) $75,000,000 for fiscal year 2009.
`(a) In General- Subject to the succeeding
provisions of this subsection, the Director of the Office of Angel Investment
shall establish and maintain a searchable database, to be known as the Federal
Angel Network, to assist small business concerns in identifying angel
investors.
`(b) Network Contents- The Federal Angel
Network shall include--
`(1) a list of the names and addresses of
angel groups and angel investors;
`(2) information about the types of
investments each angel group or angel investor has made; and
`(3) information about other public and
private resources and registries that provide information about angel groups or
angel investors.
`(c) Collection of Information-
`(1) IN GENERAL- The Director shall collect
the information to be contained in the Federal Angel Network and shall ensure
that such information is updated regularly.
`(2) REQUEST FOR EXCLUSION OF INFORMATION-
The Director shall not include such information concerning an angel investor if
that investor contacts the Director to request that such information be
excluded from the Network.
`(d) Availability- The Director shall make
the Federal Angel Network available on the Internet website of the
Administration.
`(e) Authorization of Appropriations- There
is authorized to be appropriated to carry out this section $1,000,000, to
remain available until expended.
`(a) In General- The Director of the Office
of Angel Investment shall establish and carry out a grant program to make
grants to eligible entities for the development of new or existing angel groups
and to increase awareness and education about angel investing.
`(b) Eligible Entities- In this section, the
term `eligible entity' means--
`(1) a State or unit of local government;
`(2) a nonprofit organization;
`(3) a state mutual benefit corporation;
`(4) a Small Business Development Center
established pursuant to section 21 of the Small Business Act (15 U.S.C. 648);
or
`(5) a women's business center established
pursuant to section 29 of the Small Business Act (15 U.S.C. 656).
`(c) Application- To receive a grant under
this section, an eligible entity shall submit an application that contains--
`(1) a proposal describing how the grant
would be used; and
`(2) any other information or assurances as
the Director may require.
`(d) Report- Not later than 3 years after
the date on which an eligible entity receives a grant under this section, such
eligible entity shall submit a report to the Administrator describing the use
of grant funds and evaluating the success of the angel group developed using
the grant funds.
`(e) Authorization of Appropriations- There
is authorized to be appropriated to carry out this section $1,500,000, for each
of fiscal years 2007 through 2009.
`In this part:
`(a) The term `angel group' means two or
more angel investors organized for the purpose of making investments in local
or regional small business concerns that--
`(1) consists primarily of angel investors;
`(2) requires angel investors to be
accredited investors; and
`(3) actively involves the angel investors
in evaluating and making decisions about making investments.
`(b) The term `angel investor' means an
individual who--
`(1) on the basis of such factors as
financial sophistication, income, net worth, knowledge, and experience in
financial matters, or amount of assets under management, qualifies as an
accredited investor under rules and regulations prescribed by the Commissioner
of the Securities and Exchange Commission; and
`(2) provides capital to or makes
investments in a small business concern.'.
(a) In General- Subpart A of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to
nonrefundable personal credits) is amended by inserting after section 25D the
following new section:
`(a) In General- In the case of an
individual, there shall be allowed as a credit against the tax imposed by this
chapter an amount equal to 20 percent of the amount paid or incurred for
qualified small business investments during the taxable year.
`(b) Limitation- With respect to any
qualified small business investment in any corporation or partnership, the
amount paid or incurred by any taxpayer which is taken into account under
subsection (a) shall not exceed $250,000 ($500,000 in the case of a joint
return), reduced by the amount taken into account under such subsection with
respect to investments by the taxpayer in such corporation or partnership for
all prior taxable years.
`(c) Qualified Small Business Investment-
For purposes of this section--
`(1) IN GENERAL- The term `qualified small
business investment' means any small business stock and any small business
partnership interest.
`(2) SMALL BUSINESS STOCK- The term `small
business stock' means any stock in a domestic corporation acquired by the
taxpayer at its original issue (directly or through an underwriter) solely in
exchange for cash, if--
`(A) such corporation is an eligible small
business (as defined in section 41(b)(3)(D)(ii)),
`(B) such corporation is engaged primarily
in the trade or business of manufacturing, processing, assembling, or
researching and developing products or in the trade or business of agriculture,
technology, or life science,
`(C) such corporation has been in existence
for less than 5 years as of such acquisition,
`(D) such corporation has fewer than 75
employees as of such acquisition,
`(E) more than 50 percent of the
corporation's employees perform substantially all of their services in the
United States as of such acquisition, and
`(F) such stock is designated by the
corporation for purposes of this paragraph.
For purposes of subparagraph (E), stock
shall not be treated as designated if such designation would result in the
aggregate amount which may be taken into account under this section with
respect to stock issued by such corporation to exceed $750,000, taking into
account all taxpayers for all taxable years.
`(3) SMALL BUSINESS PARTNERSHIP INTEREST-
The term `small business partnership interest' means any capital or profits
interest in a domestic partnership acquired by the taxpayer from the
partnership solely in exchange for cash, if--
`(A) such partnership is an eligible small
business (as defined in section 41(b)(3)(D)(ii)),
`(B) such partnership is engaged primarily
in the trade or business of manufacturing, processing, assembling, or
researching and developing products or in the trade or business of agriculture,
technology, or life science,
`(C) such partnership has been in existence
for less than 5 years as of such acquisition,
`(D) such partnership has fewer than 75
employees as of such acquisition,
`(E) more than 50 percent of the
partnership's employees perform substantially all of their services in the
United States as of such acquisition, and
`(F) such capital or profits interest is
designated by partnership for purposes of this paragraph.
For purposes of subparagraph (E), a capital
or profits interest shall not be treated as designated if such designation
would result in the aggregate amount which may be taken into account under this
section with respect to interests in such partnership to exceed $750,000,
taking into account all taxpayers for all taxable years.
`(d) Carryforward of Unused Credit- If the
credit allowable under subsection (a) exceeds the limitation imposed by section
26(a) for such taxable year reduced by the sum of the credits allowable under
this subpart (other than this section), such excess shall be carried to the
succeeding taxable year and added to the credit allowable under this section.
Such excess shall not be taken into account under this subsection for such
succeeding taxable year or any taxable year succeeding such year.'.
(b) Clerical Amendment- The table of
sections of such subpart is amended by inserting after the item relating to
section 25D the following new item:
`Sec. 25E. Small business investment.'.
(c) Report to Congress- The Secretary of the
Treasury shall conduct a study and report to Congress on the effectiveness of
the credit allowed under section 25E of the Internal Revenue Code of 1986 (as
added by this section), and similar State tax credits, in providing incentives
for investment in qualified small businesses. There are authorized to be
appropriated $500,000 to carry out the purposes of this subsection.
(d) Effective Date- The amendments made by
this section shall apply to taxable years beginning after the date of the
enactment of this Act.
H.R.3207
Title: To direct the Administrator of the Small Business Administration
to establish a pilot program to make grants to eligible entities for the
development of peer learning opportunities for second-stage small business
concerns.
Sponsor: Rep
Fitzpatrick, Michael G. [PA-8] (introduced 7/12/2005)
Cosponsors (None)
Latest Major Action: 7/28/2005 Placed on the Union Calendar, Calendar
No. 118.
House Reports: 109-205
SUMMARY AS OF:
7/28/2005--Reported to House, amended. (There is 1 other
summary)
Second-Stage Small
Business Development Act of 2005 - Directs the Administrator of the Small
Business Administration (SBA) to carry out a four-year pilot program to make
grants to eligible entities for the development of peer learning opportunities
for second-stage small businesses.Defines as a second-stage small business one
that: (1) has experienced high growth demonstrated by an average annual revenue
or employee growth rate of at least 15 percent during the preceding three
years; (2) does not exceed the size standard for the North American Industrial
Classification System code of a small business; and (3) has any three of
specified characteristics, including owning proprietary intellectual property,
addressing an underserved or growing market, and ownership by minority
individuals, service-disabled veterans, or women.
Provides a: (1)
grant formula, with a minimum amount of $50,000; and (2) 50% matching funds
requirement.
Requires: (1)
quarterly reports from grant recipients to the Administrator on the use of
grant funds; (2) an annual report from the Administrator to the President and
Congress evaluating the pilot program; and (3) a Comptroller General pilot
program evaluation and report to Congress and the Administrator. Terminates the
pilot program on September 30, 2009.
Provides privacy
requirements applicable to small business development centers administering
pilot program assistance.
Authorizes
appropriations.
H.R.527
Title: To amend the Small Business Act to direct the Administrator of
the Small Business Administration to establish a vocational and technical
entrepreneurship development program.
Sponsor: Rep
Brady, Robert A. [PA-1] (introduced 2/2/2005)
Cosponsors
(6)
Related Bills: S.139
Latest Major Action: 7/28/2005 Placed on the Union Calendar, Calendar
No. 120.
House Reports: 109-207
SUMMARY AS OF:
7/28/2005--Reported to House, amended. (There is 1 other
summary)
Vocational and
Technical Entrepreneurship Development Act of 2005 - Amends the Small Business
Act to direct the Administrator of the Small Business Administration to
establish a program under which the Administrator shall make grants to, or may
enter into cooperative agreements with, state small business development centers
to provide, on a statewide basis, technical assistance to secondary schools, or
to post-secondary vocational or technical schools, for the development and
implementation of curricula designed to promote vocational and technical
entrepreneurship.
Provides for the
minimum amount of a grant to not be less than $200,000.
Requires a report
from: (1) each grant recipient to the Administrator on the use of grant funds;
and (2) the Administrator to Congress evaluating the program.
Directs the
association of small business development centers to act as an information
clearinghouse regarding vocational and technical entrepreneurship education
programs.
Authorizes
appropriations.
H.R.2981
Title: To amend the Small Business Act to expand and improve the assistance
provided by Small Business Development Centers to Indian tribe members, Native
Alaskans, and Native Hawaiians.
Sponsor: Rep
Udall, Tom [NM-3] (introduced 6/17/2005) Cosponsors
(21)
Latest Major Action: 7/28/2005 Placed on the Union Calendar, Calendar
No. 119.
House Reports: 109-206
SUMMARY AS OF:
7/28/2005--Reported to House, amended. (There is 1 other
summary)
Amends the Small
Business Act to authorize a Small Business Development Center in an eligible
state to apply for an additional Small Business Administration grant to be used
solely to provide services to assist with outreach, development, and
enhancement on Indian lands of small business startups and expansions owned by
Indian tribe members, Alaskan Natives, and Native Hawaiians. Defines an
eligible state as one in which at least one percent of its population is
comprised of such tribe members and Natives. Limits each grant to $300,000 in a
fiscal year.
Requires a Small Business Development Center receiving such a
grant to request the advice of tribal organizations on how best to provide
assistance and where to locate satellite centers to provide it.
H.R.4303
Title: To amend the Small Business Investment Act of 1958 to reauthorize
and expand the New Markets Venture Capital Program, and for other purposes.
Sponsor: Rep
Moore, Gwen [WI-4] (introduced 11/10/2005) Cosponsors
(1)
Latest Major Action: 11/10/2005 Referred to House committee. Status:
Referred to the House Committee on Small Business.
SUMMARY AS OF:
11/10/2005--Introduced.
Securing Equity for
the Economic Development of Low Income Areas Act of 2005 - Amends the Small
Business Investment Act of 1958 to direct the Administrator of the Small
Business Administration (SBA), in selecting companies to participate in the New
Markets Venture Capital Program (Program), to select at least one company from
each geographic region of the SBA. Requires (currently, authorizes) the
Administrator to make grants to such companies to be used for loans to
new-market small businesses, and to guarantee debentures issued by such
companies.
Establishes the
Office of New Markets Venture Capital, headed by a Director, to administer the
Program.
Revises the
definition of "low income geographic area" for Program eligibility
purposes.
Requires a study by
the SBA's Chief Counsel for Advocacy on the availability of equity capital in
low-income urban and rural areas.
Authorizes
operational assistance grants to conditionally approved companies.
H.R.2742
Title: To amend the Small Business Act to increase the minimum
Government-wide goal for procurement contracts awarded to small business
concerns.
Sponsor: Rep
Wynn, Albert Russell [MD-4] (introduced 5/26/2005)
Cosponsors
(8)
Latest Major Action: 5/26/2005 Referred to House committee. Status:
Referred to the House Committee on Small Business.
SUMMARY AS OF:
5/26/2005--Introduced.
Amends the Small
Business Act to increase the Government-wide goal for procurement contracts
awarded to small businesses owned and controlled by service-disabled veterans,
qualified HUBZone small businesses, and small businesses owned and controlled
by socially and economically disadvantaged individuals or women to 25 percent
(currently 23 percent) of the total amount of Federal procurement contracts
awarded in a fiscal year.
S.1263
Title: A bill to amend the Small Business Act to establish eligibility
requirements for business concerns to receive awards under the Small Business
Innovation Research Program.
Sponsor: Sen
Bond, Christopher S. [MO] (introduced 6/16/2005)
Cosponsors
(1)
Related Bills: H.R.2943
Latest Major Action: 6/16/2005 Referred to Senate committee. Status:
Read twice and referred to the Committee on Small Business and
Entrepreneurship.
SUMMARY AS OF:
6/16/2005--Introduced.
Save America's
Biotechnology Innovative Research Act of 2005 or SABIR Act - Amends provisions
of the Small Business Act relating to the Small Business Innovation Research
(SBIR) Program (a program under which a portion of a Federal agency's research
or research and development funds are reserved for award to small businesses)
to require a small business, in order to be SBIR-eligible, to have no more than
500 employees and be one of the following; (1) at least 51 percent owned and
controlled by individuals or eligible venture capital companies who are U.S.
citizens or permanent resident aliens; (2) not more than 49 percent owned and
controlled by a single eligible venture capital company; (3) at least 51
percent owned and controlled by another business that is itself at least 51
percent owned and controlled by U.S. Citizens or permanent resident aliens; or
(4) a joint venture in which each entity meets one of these ownership
requirements.
H.R.2741
Title: To amend the Small Business Act to provide a penalty for the failure
by a Federal contractor to subcontract with small businesses as described in
its subcontracting plan, and for other purposes.
Sponsor: Rep
Wynn, Albert Russell [MD-4] (introduced 5/26/2005)
Cosponsors
(2)
Latest Major Action: 5/26/2005 Referred to House committee. Status:
Referred to the House Committee on Small Business.
SUMMARY AS OF:
5/26/2005--Introduced.
Subcontractor
Protection Act - Amends the Small Business Act to require a Federal agency to
include in contracts awarded pursuant to a subcontracting plan calling for the
maximum practicable opportunity for participation by small businesses owned and
controlled by socially and economically disadvantaged individuals (qualified
small businesses) a clause providing for the withholding of a specified amount
or percentage of the total contract if the contractor does not achieve the
percentage goal for the utilization of the qualified small businesses. Directs
the awarding agency to require the contractor to provide written justification
for not entering into a subcontract as required under the plan. Directs the
Small Business Administration (SBA) to establish a telephone line or other
electronic means of communication through which a qualified small business may
inform the SBA of any concerns regarding major deviations by prime contractors
from the use of such qualified small businesses.
Requires the
consideration of the use of such qualified small businesses as subcontractors
when determining a contractor's past compliance with other subcontracting
plans.
S.1519
Title: A bill to provide for an economic analysis of the impact in small
business concerns and small governmental jurisdictions of agency and other
decisions that result in a net loss of at least 1,000 jobs, and for other
purposes.
Sponsor: Sen
Snowe, Olympia J. [ME] (introduced 7/27/2005)
Cosponsors
(2)
Latest Major Action: 7/27/2005 Referred to Senate committee. Status:
Read twice and referred to the Committee on Small Business and
Entrepreneurship.
SUMMARY AS OF:
7/27/2005--Introduced.
Small Business
Economic Impact Analysis Act of 2005 - Prohibits an agency from making a qualified
termination or restructuring (a termination of the use of a facility or
restructuring that will result in the net loss of at least 1,000 jobs in a
state) unless it conducts a detailed analysis of the impact on small businesses
and small governmental jurisdictions of the proposed termination or
restructuring. Requires: (1) a related cost-benefit analysis; and (2) the
agency to publish a draft of the analysis at least 180 days before undertaking
the termination or restructuring.
Directs the: (1)
agency to publish a final economic analysis; and (2) Comptroller General to
review such final analysis. Prohibits an agency from taking final action on a
termination or restructuring until its analysis receives a satisfactory review
from the Comptroller General.
Authorizes judicial
review for any small business or small governmental jurisdiction adversely
affected or aggrieved by a qualifying termination or restructuring.
H.R.166
Title: To amend the Small Business Act to allow more joint ventures,
leader-follower arrangements, and teaming arrangements under the section 8(a)
minority business development program.
Sponsor: Rep
Millender-McDonald, Juanita [CA-37] (introduced 1/4/2005)
Cosponsors
(11)
Latest Major Action: 1/4/2005 Referred to House committee. Status:
Referred to the House Committee on Small Business.
SUMMARY AS OF:
1/4/2005--Introduced.
Amends the Small
Business Act to allow joint ventures, leader-follower arrangements, and teaming
agreements among qualifed Capital Ownership Development Program participants,
and between participants other small businesses, with respect to any Federal
contracting opportunity.
H.R.3898
Title: To direct the Administrator of the Small Business Administration
to establish Veterans Business Outreach Centers and Technical Mentoring
Assistance Committees.
Sponsor: Rep
Akin, W. Todd [MO-2] (introduced 9/27/2005)
Cosponsors (None)
Related Bills: H.R.3939
Latest Major Action: 9/27/2005 Referred to House committee. Status:
Referred to the House Committee on Small Business.
SUMMARY AS OF:
9/27/2005--Introduced.
Entrepreneur
Soldiers Empowerment Act - Amends the Small Business Act to direct the
Administrator of the Small Business Administration, acting through the
Associate Administrator for Veterans Business Development, to establish: (1) at
least one Veterans Business Outreach Center in each geographic region; and (2)
a Technical and Mentoring Assistance Committee in each District Office service
location where no such Center has been established.
H.R.1148
Title: To amend the Small Business Act to designate Guam, the Virgin
Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands
as historically underutilized business zones (HUBZones).
Sponsor: Rep
Bordallo, Madeleine Z. [GU] (introduced 3/8/2005)
Cosponsors
(2)
Latest Major Action: 3/8/2005 Referred to House committee. Status:
Referred to the House Committee on Small Business.
Note: Modified provisions of H.R. 1148
were incorporated in Title X (section 10203) of H.R. 3. For
further action, see H.R. 3, which
became Public Law 109-59 on 8/10/2005.
SUMMARY AS OF:
3/8/2005--Introduced.
Insular Areas Small
Business Development Act - Amends the Small Business Act to designate Guam, the
Virgin Islands, American Samoa, and the Northern Mariana Islands as
historically underutilized business zones (HUBZones) (thereby making small
businesses within such areas eligible for small business assistance under such
Act).
H.R.4197
Title: To provide for the recovery, reclamation, restoration and
reconstruction of lives and communities and for the reunion of families
devastated by Hurricane Katrina and to address the issues of poverty exposed by
Hurricane Katrina.
Sponsor: Rep
Watt, Melvin L. [NC-12] (introduced 11/2/2005)
Cosponsors
(56)
Latest Major Action: 11/22/2005 Referred to House subcommittee. Status:
Referred to the Subcommittee on Health, for a period to be subsequently
determined by the Chairman.
SUMMARY AS OF:
11/2/2005--Introduced.
Hurricane Katrina
Recovery, Reclamation. Restoration, Reconstruction and Reunion Act of 2005 -
Hurricane Katrina Victim Restoration Fund of 2005 - Provides for the
determination of eligibility for compensation for any individual (or relatives
of a deceased individual) who sustained economic or noneconomic losses as a
result of Hurricane Katrina so that the individual (or relatives) are restored
as nearly as possible to their condition before Hurricane Katrina.
Directs the
Administrator of the Environmental Protection Agency to develop a Comprehensive
Environmental Sampling and Toxicity Assessment Plan.
Provides for federal
and state government to notify hurricane survivors of health risks they may
face upon returning to their domiciles.
Provides for the
offer of alternative land and/or housing as compensation to residents whose
homes or businesses have been destroyed or terminally compromised.
Revises the TANF
Emergency Response and Recovery Act of 2005 to provide for reimbursement of
states for Temporary Assistance to Needy Families (TANF) benefits provided
under part A of title IV of the Social Security Act to families from other
states affected by Hurricane Katrina.
Sets forth
requirements relating to emergency extended unemployment compensation.
Requires the
Secretary of Health and Human Services to establish a program of emergency
health coverage continuation relief.
Sets forth housing
and education requirements.
Displaced Citizens
Voter Protection Provisions of 2005 - Prescribes requirements for the
protection of voting rights of Katrina evacuees.
Prescribes
requirements for: (1) regulatory relief for financial services; and (2)
disaster loans and small business relief.
Amends the Internal
Revenue Code to provide for: (1) a tax credit for an eligible homebuyer who
purchases a principal residence in the Hurricane Katrina disaster area; (2) an
increase in the housing credit dollar amount; and (3) tax-exempt bonds for
qualified Gulf Coast recovery projects.
Hurricane Katrina
Bankruptcy Relief and Community Protection Act of 2005 - Amends the federal
bankruptcy code to exempt victims of natural disasters, including small
businesses, from certain requirements for debtors seeking relief.
Directs the Director
of the Federal Emergency Management Agency (FEMA) to establish a temporary
flood insurance buy-in program.
Expresses the sense
of Congress that the President should present, within six months, a plan to
eradicate poverty in the United States by 2015.
H.R.2067
Title: To provide for an improved acquisition system.
Sponsor: Rep
Davis, Tom [VA-11] (introduced 5/4/2005) Cosponsors
(1)
Latest Major Action: 5/4/2005 Referred to House committee. Status:
Referred to the Committee on Government Reform, and in addition to the
Committee on Armed Services, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
SUMMARY AS OF:
5/4/2005--Introduced.
Acquisition System
Improvement Act - Authorizes the assignment from a Federal agency to a private
sector organization, or from a private sector to a Federal agency, of employees
who work in Federal acquisition or acquisition management, who are considered
exceptional performers, and who are expected to assume increased acquisition
management responsibilities.
Makes permanent
agency authority for entering into share-in-savings contracts for information
technology with respect to defense contracts and under the Federal Property and
Administrative Services Act of 1949.
Requires that the
Federal Acquisition Regulation (FAR) be revised to include provisions requiring
agencies to use commercially available online procurement services to purchase
commercial items, including those services that allow agencies to conduct
reverse auctions.
Extends the deadline
for submission of the report from the statutory and regulatory advisory panel.
Raises the threshold
required before the cost accounting standards of the Cost Accounting Board must
be used by executive agencies and contractors and subcontractors in estimating,
accumulating, and reporting costs in connection with all negotiated prime
contract and subcontract procurements.
Authorizes use by
State and local governments of Federal supply schedules for goods and services
for defense against or recovery from terrorism or nuclear, biological,
chemical, or radiological attack.
Mandates that the
FAR be revised to establish payment terms for contract financing payments that
are not otherwise subject to other laws governing payment terms.
Establishes in: (1)
the Department of Defense (DOD) the Department of Defense Board of Contract
Appeals; and (2) the General Services Administration (GSA) the Civilian Board
of Contract Appeals to resolve Federal contract disputes.
Requires procedures
for expediting the disposition of appeals in cases of small business concerns
where the disputed amount is $150,000 or less.
Makes the authority
of the Defense and Civilian Boards applicable to: (1) contracts at or below the
simplified acquisition threshold; and (2) contracts for the procurement of
commercial items.
Transfers personnel,
funds, and property of the: (1) Armed Services Board of Contract Appeals to the
Defense Board of Contract Appeals; and (2) other Boards of Contract Appeals
(with exceptions) to the Civilian Board of Contract Appeals.
Specifies the
jurisdiction of the Defense and Civilian Boards.
Establishes the Postal Service Board of
Contract Appeals (having jurisdiction respecting the U.S. Postal Service and
the Postal Rate
S.749
Title: A bill to amend the Office of Federal Procurement Policy Act to
establish a governmentwide policy requiring competition in certain executive
agency procurements, and for other purposes.
Sponsor: Sen
Levin, Carl [MI] (introduced 4/11/2005) Cosponsors
(5)
Latest Major Action: 4/11/2005 Referred to Senate committee. Status:
Read twice and referred to the Committee on Homeland Security and Governmental
Affairs.
SUMMARY AS OF:
4/11/2005--Introduced.
Amends the Office of
Federal Procurement Policy Act to require an executive agency, when procuring
Federal Prison Industries (FPI) products or services, to: (1) use competitive
procedures; or (2) make an individual purchase under a multiple award contract
in accordance with applicable competition requirements. Requires an agency to:
(1) timely notify FPI of procurements; (2) consider a timely offer from FPI in
the same manner as other offers; and (3) consider a timely offer from FPI
without limitation as to the dollar value, unless competition is limited to
small business concerns. Outlines exceptions to the competitive procedures
requirement.
Prohibits requiring
a contractor to use FPI as a subcontractor or supplier.
Prohibits access to
classified and sensitive information by an inmate worker.
Restricts the
interstate and foreign commerce of services resulting from convict labor.
Subjects knowing violators of such restrictions to fine or imprisonment, or
both.
Requires Federal,
State, and local prison work programs to meet specified requirements.
Allows FPI to sell
or donate a product or service to tax-exempt charitable organizations which may
then donate or sell any such product or service to low-income individuals.
Establishes the
Enhanced In-Prison Educational and Vocational Assessment and Training Program
within the FPI.
Directs FPI to
increase inmate employment by producing products for the public sector that
would otherwise be produced outside the United States.
Authorizes priority
placement in the Bureau of Prisons for FPI employees displaced because FPI
loses business following enactment.
Commission).