Small Business Groups United In Opposition To Anti-Small Business Bill H.R. 3567

Press Release

Small Business Groups United In Opposition To Anti-Small Business Bill H.R. 3567

October 15, 2007

Petaluma, Calif. – Several national small business groups have come out in opposition to a new House bill, H.R. 3567, the Small Business Investment Expansion Act of 2007, which will give federal small business contracts to billion dollar venture capital firms.

 
The vast majority of small business organizations in America have made statements opposing H.R. 3567. Specifically, small business groups object to Title V of H.R. 3567, which would amend the Small Business Act and redefine a small business to include firms that are up to 49.9 percent owned by venture capital firms.
 
The existing law requires small businesses to be “independently owned and operated” to prevent large businesses from misrepresenting themselves as small businesses. The new definition would remove that protection and allow multi-billion dollar venture capital firms to own up to 49.9 percent of an unlimited number of firms and each firm would still qualify as a small business for federal contracting programs.
 
Small business groups believe the Small Business Act would effectively be repealed if H.R. 3567 were to become law. Firms controlled by some of the nation's largest multi-billion dollar venture capital firms would be able to dominate the government’s small business contracting programs and force thousands of legitimate small business into bankruptcy.
 
The American Small Business League launched a national campaign to oppose the bill before it was introduced. Since taking its stance, the ASBL has been joined by the Small Business Administration, the U.S. Chamber of Commerce, the National Association of Government Contractors, the National Small Businesses Association, and the White House.
 
“I wish Congressman Altmire had drafted a piece of legislation to stem the flow of federal small business contracts to Fortune 500 corporations as opposed to working on a bill that will allow the worlds largest multi-billion dollar venture capital companies to participate in federal small business contracting. I think that would be a better use of his time,” President of the American Small Business League, Lloyd Chapman said.
 
The bill has now been referred to the Senate Committee on Small Business and Entrepreneurship. Small business groups expect the chair of the committee Senator John Kerry (D - MA) to kill the bill in the Committee.
 

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Big-business boondoggle

News

Big-business boondoggle

House bill rewards large firms at expense of small ones

By Lloyd Chapman
Rocky Mountain News
October 13, 2007

Politicians in Washington love to talk about how important small businesses are to our nation's economy. They use catch phrases like "small businesses are the heart and soul of America's economy."

They're right about that. According to the U.S. Census Bureau:

98 percent of all U.S. firms have fewer than 100 employees, 89 percent have fewer than 20 employees and the average U.S. firm has about nine employees.

These 25 million small businesses employ more than half of all Americans and create more than 97 percent of the new jobs, more than 90 percent of the exports and more than 90 percent of the technical innovation in America.

The reality of our government's true commitment to America's small businesses becomes clear when you quit listening to what politicians say and watch what they actually do. A perfect example happened recently in the House of Representatives. The House just passed HR 3567, the Small Business Investment Expansion Act.

Members of the House backed by the National Venture Capital Association and investment groups that would benefit from the bill pushed the bill through the House, telling their colleagues it would increase access to capital for small business.

What the bill actually does is allow some of the nation's largest venture capital firms and financial institutions to gain access to billions in federal small-business contracts. Under the Investment Expansion bill, multibillion-dollar venture capital firms can own up to 49.9 percent of a small business and still qualify for federal small- business contracting programs. The bill is written loosely enough that billionaire investors can start a venture capital company, buy 49.9 percent of a small business and qualify for a piece of more than $80 billion a year in federal small-business contracts. The bill was designed as a colossal loophole for wealthy investors who make big campaign contributions. Multibillion-dollar venture companies will be able to masquerade as small businesses and dominate virtually every industry small businesses participate in.

Billions in federal small-business contracts would go to firms that would essentially be subsidiaries or divisions of big businesses. Thousands of legitimate small business would be forced out of business. Imagine a typical Denver small business selling office products, trying to compete for even the smallest government order, going head to head with a firm that is 49.9 percent owned by Donald Trump.

The U.S. Chamber of Commerce, the American Small Business League and major small business groups across America all opposed HR 3567.

To make matters even worse, in June the Bush administration adopted a Small Business Administration policy that will allow the nation's largest defense contractors to keep billions in federal small-business contracts. Originally, Bush officials claimed Fortune 500 firms received small-business contracts through "miscoding." The new policy allows firms like Lockheed, Boeing and General Dynamics to keep their miscoded contracts until the year 2012. More than $300 billion in small-business contracts will go to very big business.

So what can we do? Plenty. Get on line, get on the phone and contact your senators and your representatives in Congress. Call the White House. Call your local Chamber of Commerce. Call the Colorado Association of Commerce and Industry. Tell them you want big business out of small-business programs.

Legislation like HR 3567 will never see the light of day if more people would just send an e-mail or make a call. Do Colorado and America's 25 million small businesses a favor and get involved in your government.

Lloyd Chapman is the president and founder of the American Small Business League and a former small-business owner. For more information: asbl.com.

Copyright 2007, Rocky Mountain News. All Rights Reserved.

Source: www.rockymountainnews.com

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

White House Weighs In To Protect Small Businesses From H.R. 3567

Press Release

White House Weighs In To Protect Small Businesses From H.R. 3567

The Bush Administration has announced its opposition to new House bill H.R. 3567, as it will deliver federal small business contracts to venture capital firms.

October 3, 2007

Petaluma, Calif. – The Bush Administration has announced its opposition to new House bill, H.R. 3567, the Small Business Investment Expansion Act of 2007. The bill contains provisions that will serve as a partial repeal of the Small Business Act. 
 
In a written statement dated September 26, 2007, the Executive Office of the President stated:
 
“The Administration also strongly opposes the proposed change to the definition of a small business for the purposes of venture capital investment. This definition strips the elements of independent ownership and control that identify small business ownership under current law. Not only would this change be inequitable for actual small businesses, but it would be a step backward from our recent progress in addressing the misidentification of large firms as small businesses for Federal procurement purposes.”
 
The section of H.R. 3567 that has drawn the most fire from small business groups, chambers of commerce across the country and the White House is “Title V.” The provision amends the Small Business Act’s definition of a small business as “independently owned and operated” to include firms that are up to 49.9 percent owned by venture capital firms.
 
H.R. 3567’s definition of a venture capital firm is broad enough that Fortune 500 firms would be able to use the new definition as a loophole to acquire up to 49.9 percent of a small business and maintain that firms federal small business status for an indefinite period of time.
 
One of H.R. 3567’s chief supporters is House Small Business Committee Chair, Representative Nydia Velázquez (D – NY). In the last year, Velázquez has appeared on ABC, CBS and CNN complaining about the federal policies that have allowed Fortune 500 corporations and international firms to receive billions of dollars in federal small business contracts. To date, Velázquez has declined to offer any legislation that will help to remove large firms from federal small business contracting and increase access to federal small business contracts for legitimate small businesses.
 
Small business advocates like the American Small Business League (ASBL) are angered that Representative Velázquez would co-sponsor legislation that is clearly designed to give venture capital firms and other large businesses access to federal small business contracting programs.
 
In response to the passage of H.R. 3567, chambers of commerce from across the country have joined the ASBL’s campaign to stop H.R. 3567 and started notifying their Senators of their opposition to H.R. 3567.
 
“I am very disappointed in Nydia Velázquez for proposing this legislation, clearly this H.R. 3567 is going to be devastating to small businesses in America,” President of the American Small Business League, Lloyd Chapman said. “I am happy to see President Bush joining the American Small Business League in opposition to this legislation.”
 
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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.