HR 3867 · 110th Congress 2007–2009, ended

Small Business Contracting Program Improvements Act

Introduced Oct 17, 2007 Originated House Sponsor Nydia M. Velázquez D-NY

Fact sheet Spreadsheet

Latest action · Nov 1, 2007 Received in the Senate and Read twice and referred to the Committee on Small Business and Entrepreneurship.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedOct 17, 2007
  2. Passed HouseOct 30, 2007
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Small Business Contracting Program Improvements Act - Title I: Ensuring Government Contract Opportunities for Small Business Concerns Owned and Controlled by Service-Disabled Veterans - (Sec. 101) Amends the Small Business Act to: (1) permit agencies to enter into contracts with a small business owned and controlled by a service-disabled veteran without first ensuring that there is only one company can perform a contract; and (2) allow contracting officers to decide whether or not to set aside contracts where at least two underutilized business zone (HUBZone) qualified companies could compete for the contract.

(Sec. 102) Provides for the assessment of civil penalties against any company that misrepresents itself as a small business owned and controlled by service-disabled veterans for purposes of federal contracting preferences.

(Sec. 103) Directs the Administrator of the Small Business Administration (SBA) to comply with Executive Order No. 13360 and provide federal contracting information, training, and other assistance to small businesses owned and controlled by service-disabled veterans.

(Sec. 104) Requires the Administrator, in implementing section 101 above, to give a priority to certified service-disabled veterans that are severely disabled.

Title II: Protecting Taxpayers and Ensuring Program Consistency - (Sec. 201) Prohibits a small business from receiving SBA federal contracting assistance unless the Administrator has verified, through a background check, that the business owners and officers do not lack business integrity. Provides a presumption of lack of business integrity with respect to previous criminal convictions.

(Sec. 202) Includes participants in the section 8(a) general business loan program within the establishment of government-wide goals for small business participation in federal procurement contracts and subcontracts.

(Sec. 204) Provides an inflation-based increase to SBA limits on contracts (other than manufacturing contracts) awarded to small businesses without full and open competition.

(Sec. 205) Includes any small business as an "interested party" permitted to challenge the eligibility of a small business to receive SBA loan or federal contracting assistance.

(Sec. 206) Subjects to debarment from the receipt of future federal contract assistance authorized by this Act any employer found to have engaged in a pattern of hiring or recruiting for employment unauthorized aliens.

Title III: Expanding Opportunities for Women Entrepreneurs - (Sec. 301) Revises SBA provisions which authorize a federal contracting officer to restrict contract competition for procurement or service contracts to small businesses owned and controlled by women to: (1) remove limits on the anticipated award price of such contracts; (2) require the Administrator, every five years (currently, only once), to conduct a study to identify industries in which small businesses owned and controlled by women are underrepresented in federal contracting; (3) deem specified industries, until the first of such studies is completed, as underrepresented for such purposes; and (4) include any small business as an "interested party" permitted to challenge whether a small business is owned and controlled by women for purposes of such assistance.

Title IV: Strengthening Community Development - (Sec. 401) Requires: (1) an on-site SBA inspection of HUBZone-approved companies before the award of a second contract based on a HUBZone contracting preference; and (2) the SBA to develop procedures to ensure that HUBZone companies notify the SBA prior to their award of a HUBZone contract subject to an inspection.

(Sec. 402) Prohibits a small business from obtaining a construction contract under the HUBZone program unless the construction project is located in or near the HUBZone in which the small business has its principal place of business.

(Sec. 403) Directs the Administrator to: (1) study the effectiveness of the HUBZone program in reaching rural areas; and (2) report study results to Congress.

Title V: Modernizing the 8(a) Program - (Sec. 501) Revises net worth limitations for participation in the SBA's 8(a) loan program as an economically disadvantaged small business to make eligible an owner with a net worth of $550,000 or less (excluding equity in the business or the owner's principal residence). States that once a company has been approved into the program, such approval will last throughout the program term.

(Sec. 502) Extends to ten years, with a six-year developmental phase and a four-year transitional phase, the 8(a) program term.

(Sec. 503) Requires an annual report from the Administrator to the congressional small business committees on progress toward implementing a requirement to make 8(a) program participants eligible for other federally funded programs for small disadvantaged businesses without having to reapply for such programs.

(Sec. 504) Directs the Administrator to: (1) study changes required to provide greater federal contracting assistance to 8(a) program participants that have less equity in their business than other program participants; and (2) report study results to the small business committees.

(Sec. 505) Requires the Administrator to: (1) examine the list of groups the members of which are presumed to be socially disadvantaged for purposes of the 8(a) program; (2) consider whether the list should be updated to include additional groups; and (3) report results to Congress.

Title VI: Other Matters - (Sec. 601) Requires the Administrator, in determining whether a franchisee is affiliated with a franchiser in the temporary employee services industry, to disregard: (1) whether the franchiser finances the payroll of the temporary staff; or (2) the tax status of such personnel.

(Sec. 602) Expresses the sense of the House of Representatives that small business set-asides should not be excluded from any acquisitions under the General Services Administration (GSA) Federal Supply Schedule.

(Sec. 603) Directs the Administrator to: (1) conduct a study to determine, with respect to small business contracts, whether incumbent federal contractors submit frivolous protests in order to extend the length of current contracts while such protests are resolved; and (2) report study results to Congress.

(Sec. 604) Requires the Administrator to establish an SBA liaison position.

(Sec. 605) Prohibits the Administrator or any SBA employee, in carrying out requirements of this Act, from purchasing business-class or first-class airline travel in contravention of Code of Federal Regulations travel requirements for federal employees.

Recorded votes 2

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 1017Passed334–80Oct 30, 2007
House 1016Failed177–240Oct 30, 2007

Cosponsors 3

Members who signed on, in the order they did. All signed on Oct 17, 2007.

SeatCosponsorSigned on
R-OKMary FallinOriginalOct 17, 2007
D-TXSilvestre ReyesOriginalOct 17, 2007
D-NYYvette D. ClarkeOriginalOct 17, 2007

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseSmall Business Committee
Referred Oct 17, 2007Hearings Oct 17, 2007Markup Oct 18, 2007Reported Oct 22, 2007
SenateSmall Business and Entrepreneurship Committee
Referred Nov 1, 2007

Actions 34

Everything that happened, newest first.

  1. Nov 1, 2007Received in the Senate and Read twice and referred to the Committee on Small Business and Entrepreneurship.
  2. Oct 30, 2007Rule H. Res. 773 passed House.
  3. Oct 30, 2007Considered under the provisions of rule H. Res. 773. (consideration: CR H12170-12188; text of measure as reported in House: CR H12176-12178)
  4. Oct 30, 2007Rule provides for consideration of H.R. 3867 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. No amendment to the bill shall be in order except those printed in the report of the Committee on Rules accompanying this resolution.
  5. Oct 30, 2007House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 773 and Rule XVIII.
  6. Oct 30, 2007The Speaker designated the Honorable Tim Holden to act as Chairman of the Committee.
  7. Oct 30, 2007GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3867.
  8. Oct 30, 2007DEBATE - Pursuant to the provisions of H. Res. 773, the Committee of the Whole proceeded with 10 minutes of debate on the Velazquez amendment.
  9. Oct 30, 2007DEBATE - Pursuant to the provisions of H. Res. 773, the Committee of the Whole proceeded with 10 minutes of debate on the Akin amendment.
  10. Oct 30, 2007DEBATE - Pursuant to the provisions of H. Res. 773, the Committee of the Whole proceeded with 10 minutes of debate on the Welch (VT) amendment.
  11. Oct 30, 2007DEBATE - Pursuant to the provisions of H. Res. 773, the Committee of the Whole proceeded with 10 minutes of debate on the Mica amendment.
  12. Oct 30, 2007DEBATE - Pursuant to the provisions of H. Res. 773, the Committee of the Whole proceeded with 10 minutes of debate on the Moran (VA) amendment.
  13. Oct 30, 2007DEBATE - Pursuant to the provisions of H. Res. 773, the Committee of the Whole proceeded with 10 minutes of debate on the Baird amendment.
  14. Oct 30, 2007DEBATE - Pursuant to the provisions of H. Res. 773, the Committee of the Whole proceeded with 10 minutes of debate on the Brown-Waite (FL) amendment.
  15. Oct 30, 2007DEBATE - Pursuant to the provisions of H. Res. 773, the Committee of the Whole proceeded with 10 minutes of debate on the Gillibrand amendment.
  16. Oct 30, 2007DEBATE - Pursuant to the provisions of H. Res. 773, the Committee of the Whole proceeded with 10 minutes of debate on the Lampson amendment.
  17. Oct 30, 2007The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3867.
  18. Oct 30, 2007The previous question was ordered pursuant to the rule. (consideration: CR H12186)
  19. Oct 30, 2007The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
  20. Oct 30, 2007Mr. Chabot moved to recommit with instructions to Small Business. (consideration: CR H12186-12188; text: CR H12186)
  21. Oct 30, 2007DEBATE - The House proceeded with 10 minutes of debate on the Chabot motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment that strikes section 101(b) from the bill.
  22. Oct 30, 2007The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H12187)
  23. Oct 30, 2007On motion to recommit with instructions Failed by the Yeas and Nays: 177 - 240 (Roll no. 1016).
  24. Oct 30, 2007Passed/agreed to in House: On passage Passed by recorded vote: 334 - 80 (Roll no. 1017).
  25. Oct 30, 2007Motion to reconsider laid on the table Agreed to without objection.
  26. Oct 30, 2007The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 3867.
  27. Oct 24, 2007Rules Committee Resolution H. Res. 773 Reported to House. Rule provides for consideration of H.R. 3867 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. No amendment to the bill shall be in order except those printed in the report of the Committee on Rules accompanying this resolution.
  28. Oct 22, 2007Reported by the Committee on Small Business. H. Rept. 110-400.
  29. Oct 22, 2007Placed on the Union Calendar, Calendar No. 254.
  30. Oct 18, 2007Committee Consideration and Mark-up Session Held.
  31. Oct 18, 2007Ordered to be Reported by the Yeas and Nays: 21 - 4.
  32. Oct 17, 2007Introduced in House
  33. Oct 17, 2007Referred to the House Committee on Small Business.
  34. Oct 17, 2007Hearings Held by Committee on Small Business Prior to Introduction and Referrel (October 4, 2007)..

In the Congressional Record 4

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
ExtensionsDebate and remarks E2306Sheila Jackson Lee D-TXNov 1, 2007
ExtensionsDebate and remarks E2288Ciro D. Rodriguez D-TXOct 31, 2007
HouseDebate and remarks H12164, H12165, H12166, H12167, H12170–H12189Text printed H12164, H12176–H12178Amendments H12167, H12178, H12179, H12180, H12181, H12182, H12183, H12184, H12185Motions H12186Recorded votes H12167, H12187, H12188Chabot motion to recommit (reinstate requirement to set aside contract competition for small businesses located in HUBZones)consideration (H. Res. 773), previous questionenactBennie G. Thompson D-MS, Brian Baird D-WA (amendment), Bruce L. Braley D-IA, Dennis A. Cardoza D-CA, Donald A. Manzullo R-IL, Gabrielle Giffords D-AZ, Ginny Brown-Waite R-FL (amendment), Gwen Moore D-WI, James P. Moran D-VA (amendment), Joe Baca D-CA, Joe Sestak D-PA, John Conyers, Jr. D-MI, John L. Mica R-FL (amendment), Kathy Castor D-FL, Kirsten E. Gillibrand D-NY (amendment), Lincoln Diaz-Balart R-FL (amendment), Madeleine Z. Bordallo D-GU, Mazie K. Hirono D-HI, Nick Lampson D-TX (amendment), Nydia M. Velázquez D-NY (amendment), Peter Welch D-VT (amendment), Sheila Jackson Lee D-TX, Silvestre Reyes D-TX, Stephanie Tubbs Jones D-OH, Steve Chabot R-OH (motion), W. Todd Akin R-MO (amendment), Yvette D. Clarke D-NYOct 30, 2007
HouseDeclaratory Statements H11848—Oct 22, 2007

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimates 2

  1. Oct 22, 2007H.R. 3867, Small Business Contracting Program Improvements Act<p>Cost estimate for the bill as ordered reported by the House Committee on Small Business On October 18, 2007</p>
  2. Oct 22, 2007H.R. 3867, Small Business Contracting Program Improvements ActCost estimate for the bill as ordered reported by the House Committee on Small Business On October 18, 2007

Printed hearings 3

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
—SMALL BUSINESS ADMINISTRATION'S CONTRACTING PROGRAMS AND GAO'S EXAMINATION OF THOSE PROGRAMS103 pagesSmall Business CommitteeJul 17, 2008
Serial No. 110-127IRAN: REALITY, OPTIONS, AND CONSEQUENCES. PART I115 pagesOversight and Government Reform CommitteeOct 30, 2007
Serial No. 110-53FULL COMMITTEE MARKUP OF HR. 3866, THE SMALL BUSINESS PROGRAMS ACT OF 2007 and H.R. 3867, THE SMALL BUSINESS CONTRACTING PROGRAM IMPROVEMENTS ACT32 pagesSmall Business CommitteeOct 18, 2007

CRS reports 3

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 3

Products on other subjects that cite it, usually among other measures.

Amendments 10

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 864An amendment numbered 1 printed in House Report 110-407 to establish that those veterans who are severely disabled shall be given special consideration as agencies implement contracting regulations; set forth certain standards for business integrity that are required for participation in federal contracting programs; and would clarify the implementation of the women's procurement program.Nydia M. Velázquez D-NYOn agreeing to the Velazquez amendment (A001) Agreed to by voice vote.
HAmdt 865An amendment numbered 2 printed in House Report 110-407 to require that the Administrator of the Small Business Administration (SBA) conduct a study to determine what changes would be required to provide greater Federal contracting assistance to participants in the program created by section 8(a) of the Small Business Act that have less equity in their business concerns than other participants in the program. The study would be reported no later than six months after the date of enactment of this Act and the Administrator would report the details of the study to the Senate Small Business Committee and the House Small Business Committee.W. Todd Akin R-MOOn agreeing to the Akin amendment Agreed to by voice vote.
HAmdt 866An amendment numbered 3 printed in House Report 110-407 to require the Administrator of the Small Business Administration to carry out a study on the effectiveness of the HUBZone program in reaching rural areas.Peter Welch D-VTOn agreeing to the Welch (VT) amendment (A003) Agreed to by voice vote.
HAmdt 867An amendment numbered 4 printed in House Report 110-407 to clarify that the small business set-aside provisions of the Small Business Act (15 U.S.C. 644) should apply to federal contracts not excluding Federal Supply Schedule and Multiple Award Schedule holders.John L. Mica R-FLBy unanimous consent, the Mica amendment was withdrawn. (consideration: CR H12181)
HAmdt 868An amendment numbered 5 printed in House Report 110-407 to state that it is the sense of the House that small business set-asides should not be excluded from any acquisitions under the GSA's Federal Supply Schedule.John L. Mica R-FLOn agreeing to the Mica amendment (A005) Agreed to by voice vote.
Show all 10 amendments

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HRES 773Providing for consideration of the bill (H.R. 3867) to update and expand the procurement programs of the Small Business Administration, and for other purposes.Procedurally relatedOct 30, 2007

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To update and expand the procurement programs of the Small Business Administration, and for other purposes.
Short Titles as Introduced
Small Business Contracting Program Improvements Act
Short Titles as Reported to House
Small Business Contracting Program Improvements Act
Short Titles as Passed House
Small Business Contracting Program Improvements Act

Subjects

Assigned by the Library of Congress. Policy area: Commerce.

Text 4

Each version as it was printed, newest first.

  1. Nov 1, 2007Referred in Senate
  2. Oct 30, 2007Engrossed in House
  3. Oct 22, 2007Reported in House
  4. Oct 17, 2007Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.