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)).