Venture Capital Bill: Too Far, Too Fast?

News

Venture Capital Bill: Too Far, Too Fast?

By Keith Girard
Allbusiness.com
October 3, 2007

The late Barber Conable Jr., who served nine terms in the House of Representatives, once said that Congress "should drag its heels on the way to decision."

In fact, he said, that's how the Founding Fathers meant Congress to work. "They understood that if you move too quickly, our democracy will be less responsible to the majority," he explained.

His words came to mind last week, as House Small Business Committee Chairman Nydia Velázquez, D-N.Y., ramrodded a controversial bill through the House that would open up all Small Business Administration programs to firms substantially owned by venture capital companies.

It took all of 10 days for the bill to move from introduction to passage by the full House. If that's not a record, it has to be close to one. Whatever the merits of the bill, the speed at which it breezed though the legislative process is enough to raise eyebrows.

What's the hurry?

When it comes to the legislative process, there is such a thing as "too far, too fast," especially on an issue like this. The bill not only faces stiff opposition from a number of small business groups, but from the Small Business Administration as well. What's more, it will affect how the government awards billions of dollars in federal grants and contracts earmarked for small companies.

The measure, known as the Small Business Investment Expansion Act of 2007 (HR 3567) cleared the House last Friday (Sept. 28) by a 325 to 72 vote. It's doubtful that most members knew what they were voting on; they certainly had no time to hear from their constituents. I'm told that lawmakers were convinced to vote for the bill after one of its opponents, Rep. Steve Chabot, R-Ohio, introduced an amendment that was added to the bill on the House floor.

The amendment prohibits a business from being considered "small" if a venture capital firm owns more than 50 percent of the company, or if the VC firm's employees constitute a majority of the board of directors. The amendment is designed to preserve the intent of the Small Business Act, which states that a business must be "independently owned and operated" to qualify for government programs. But as loopholes go, it leaves a lot of room for venture capital firms to wiggle through.

For example, VC firms often form a consortium to invest in small firms. While no one VC firm may own a majority of the company, the consortium may own well over 50 percent of the company. Yet they would still meet the terms of the Chabot amendment.

Given the high stakes attached to the measure, supporters and their legislative proxies may have done themselves a disservice by rushing the bill through the House. At the bill's hearing, opponents outside of the SBA were not even represented. Fortunately, the measure now goes to the Senate for further consideration.

As lawmakers take up the bill in the Senate, they should pause for moment to remember Barber Conable, who was known for honesty and integrity. Once he was even named by his colleagues as the "most respected" member of Congress. No one likes an exasperating or exhaustive debate but as Conable would say, they "are frequently the handmaidens of legislative decision."

Let's hope Senate small business committee Chairman John Kerry, D-Mass., follows his example, and gives this measure the full consideration it deserves. The memory of Barber Conable, not to mention democracy, would be well served.

Source: www.allbusiness.com

Small Businesses Lose Out to Venture Capital Firms With New House Bill

Press Release

Small Businesses Lose Out to Venture Capital Firms With New House Bill

America's Largest Venture Capital Firms Will Become Small Businesses Under New House Bill

October 1, 2007

PETALUMA, CA -- On Thursday, September 27th, The House of Representatives passed a bill that could divert billions of dollars in federal small business contracts to firms owned by venture capital firms, wealthy investors and major financial institutions. One of the principal elements of HR 3567, the Small Business Investment Expansion Act, is "Title V" which will repeal key elements of the Small Business Act that have been designed to protect small businesses since 1953.

One of the foundational principles of the Small Business Act is the definition of a small business, which stipulates that a small business must be "independently owned and operated." This definition was designed to prevent large businesses from abusing federal small business programs by misrepresenting divisions or subsidiaries as independent small businesses. Title V of H.R. 3567 reverses that protection. The bill amends the definition of "independently owned and operated" to allow venture capital firms, banks or other large businesses to own up to 49.9 percent of a firm and still be considered a small business for the purposes of government contracting.

If H.R. 3567 becomes law, the nation's largest venture capital firms, major banks, Fortune 500 firms and wealthy individual investors will be allowed to buy 49.9 percent of an existing small business and participate in the federal governments $80 billion a year small business contracting programs.

Critics of the bill point out that redefining "independently owned and operated" in the Small Business Act to include firms that are actually owned by multi-billion dollar venture capitol firms could essentially repeal the Small Business Act for millions of legitimate small businesses. Small business advocates are concerned H.R. 3567 will allow large businesses to masquerade as small businesses and unfairly dominate federal programs originally designed to help America's 25 million small businesses.

U.S. Census Bureau statistics indicate that 89 percent of all U.S. firms have less than 20 employees. Opponents of the bill are worried the average American small business will be forced out of business when they are required to compete head-to-head with firms that could essentially become divisions or subsidiaries of multi-billion dollar conglomerates.

The bills primary sponsor in the House of Representatives is Congresswoman Nydia Velázquez (D - NY). As chair of the House Small Business Committee, Representative Velázquez has yet to propose legislation to stop the diversion of federal small business contracts to Fortune 500 firms. Velázquez was opposed to a plan by the Office of Federal Procurement Policy, the Small Business Administration Office of Inspector General and the Senate Committee on Small Business and Entrepreneurship that would have required Fortune 500 firms and hundreds of other large businesses to relinquish federal small business contracts.

Since its introduction, H.R. 3567 has been opposed by small business groups and Chambers of Commerce across the country and applauded by venture capital trade organizations.

The American Small Business League has led the opposition to H.R. 3567 and plans to initiate a study of political contributions by the venture capital industry.