Small-business bill not without opponents

News

Small-business bill not without opponents

By Ron DaParma
Pittsbugh Tribune-Review
September 27, 2007

Legislation headed for a key vote in Congress today could open the door to millions more dollars in funding to assist small business, supporters say.

But opponents, including some small-business groups and the U.S. Small Business Administration, say it would allow big venture capital firms and financial institutions to snap up large portions of the limited funds available for their constituents.

HR Bill 3567, known as the Small Business Investment Expansion Act of 2007, is expected to be up for a vote today in the U.S. House of Representatives, said U.S. Rep. Jason Altmire, D-McCandless, who introduced the bill.

"We support this bill wholeheartedly because we believe it's time to bring the definition of what is a small business up to what the real world is today, not how it was years ago," said Dennis M. Flynn, president of Pennsylvania Bio, a Malvern-based organization that represents companies in the state's biosciences industry.

Flynn said many of the state's 1,700 biosciences companies can be classified as small businesses because they have fewer than 500 employees.

Nonetheless, those firms may be denied Small Business Administration funding if they have secured substantial investments from venture firms -- a situation that the proposed legislation would change, supporters say.

"We feel that because we are a capital intensive industry that it is time for the change to be made," Flynn said.

SMC Small Business Councils opposes the legislation, President Lee Tadonio said. The Pittsburgh-based organization represents about 3,000 small businesses in Western and Central Pennsylvania.

"Almost all venture capital companies have fewer than 500 employees, but if they control a large company, then all of a sudden they are available for all types of small-business loans," Tadonio said. "It would cut into small business completely, and we see this as a problem."

Altmire says that this is not the case and that opponents are misinterpreting the intentions of the bill.

"The purpose of this bill is to help small business acquire the venture capital they need to grow their business," he said. "We say that you can only qualify if you have less than 500 employees and are independently owned and operated."

"Venture capital firms will not get funds under this bill, and we very narrowly define the type of venture capital investment that small businesses can receive and remain eligible for SBA programs," he said. Also, venture capital companies can't be owned by large corporations, he said.

To placate opponents, Altmire said he expects an amendment to be introduced today that will specify that small business will only qualify to compete for SBA programs if no single venture capital firm owns more than 49 percent of the company stock.

"New start-ups and young entrepreneurial technology firms require large amounts of capital to reach the point of commercializing their products or services," said Kevin Lane, spokesman for the Pittsburgh Technology Council.

The council, with 1,350 Western Pennsylvania technology firms as members, supports the legislation.

"I think this is a good idea because it allows federal research dollars to be combined with private equity dollars and allows a greater opportunity for projects to be financed," said Nicholas J. Kuhn, CEO of ALung Technologies Inc., a South Side-based firm working to develop an artificial lung device. "It's difficult to develop a new technology strictly on government grants."

Lloyd Chapman, president of the American Small Business League based in Petaluma, Calif., sees the legislation differently. His organization claims it will allow many of the nation's largest venture capital firms and banks to be considered small businesses.

"When a firm owns 51 percent of a company, you've acquired it," Chapman said. "So the truth about this legislation ... to give an extreme example, is that it would essentially allow Donald Trump and his daughter to start a venture capital company with six employees to buy a small business and get federal small business contracts in perpetuity."


Congress to Vote on New Loophole for Venture Capital Companies; H.R. 3567

Press Release

Congress to Vote on New Loophole for Venture Capital Companies; H.R. 3567

September 26, 2007

Petaluma, Calif. - Tomorrow the United States House of Representatives will vote on H.R. 3567, the Small Business Investment Expansion Act of 2007, which will give some of the largest financial institutions in the world the ability to receive federal small business contracts for an indefinite time period.

The bill was introduced on Tuesday, September 18th by Representative Jason Altmire (D - PA) and is cosponsored by Representative Nydia Velázquez (D - NY) and Representative Sam Graves (R - MO).

Small business advocates around the country are disappointed with Congresswoman Velázquez for supporting a piece of legislation that they see as another loophole that will divert even more federal small business contracts to large corporations.

In the last four years more than 12 federal investigations have found that billions of dollars in federal contracts reported as going to small businesses actually went to some of the largest companies in the world.  Additionally, several of the investigations yielded reports that found firms like Lockheed Martin, Boeing, Raytheon, Halliburton, General Dynamics and even foreign-owned firms like BAE have all received hundreds of millions of dollars in federal small business contracts.

Opponents of the bill see it as another loophole that will allow large businesses to acquire controlling interest in a small business and keep that small business status indefinitely. 

The legislation comes less than 90 days after the Small Business Administration moved to close a similar loophole on June 30th by requiring firms receiving federal small business contracts to recertify their small business status every five years.

A similar exemption for venture capital companies was proposed and put out for comment in 2005.  During the comment period the SBA received the largest response in the history of the agency with more than 6000 responses, of which 95 percent were opposed to the policy.

The American Small Business League projects that if this legislation is passed it will divert as much as 20 billion dollars a year in federal small business contracts to firms that are owned by some of the largest financial institutions in the country.

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NAGC Statement of Opposition

News

NAGC Statement of Opposition

ALERT: Bill opens small business contracts to big business

National Association of Government Contractors
September 25, 2007

The Small Business Investment Expansion Act of 2007 (H.R. 3567) contains a provision (Title V) that will open Small Business Innovation Research grants to venture capital firms, banks and other conglomerates. The National Association of Government Contractors, is leading the effort to oppose this action that will allow big business to access funds set aside for small business innovation.

The bill was reported out of the U.S. House of Representatives Committee on Small Business unanimously today, but reservations were expressed about Title V. Committee Chairwoman Nydia Velázquez, D-N.Y., stated that she would work with members to address their concerns over Title V. However, the bill has been "fast tracked" meaning that a vote will come with little time to review the legislation and solicit feedback from constituents and trade groups like NAGC. The bill also contains many positive provisions that will make it attractive for a representative to support.

The legislation comes just months after billions in contracts awarded to Fortune 1000 companies were found being counted toward the government-wide agency small business procurement goal of 23 percent annually.

"We are disappointed Congress has decided to create a loophole right after we got one closed," said J.R. Claeys, president and CEO of NAGC. "Democrats, who control both houses, now have the opportunity to show America's small businesses if they support Wall Street or Main Street."

Title V repeals the defining characteristics of a small business defined in the Small Business At of 1958, including that it be independently owned and that it not be dominant in its field. While it maintains the requirement that a business have fewer than 500 employees, this would not stop any of the nation's venture capital firms from owning a small business to access SBIR funds. Venture capital firms could own stakes in countless small businesses, accessing SBIR funds through each.

Please help stop big business access to SBIR grants. Encourage your representatives to oppose H.R. 3567 to keep small business funds available to America's real small businesses.

Source: www.governmentcontractors.org




Venture Capital Firms To Get Government Small Business Contracts Under H.R. 3567

Press Release

Venture Capital Firms To Get Government Small Business Contracts Under H.R. 3567

Small business to lose billions in federal contracts to Venture Capital firms under new bill

September 25, 2007

Petaluma, Calif. – This week Congress will consider a bill that will allow many of the nations largest venture capital firms and banks to be considered small businesses. Under the bill, titled H.R. 3567 the “Small Business Investment Expansion Act of 2007,” venture capital firms will be given an exemption in federal small business size determination. If the bill becomes law, multi billion dollar venture capital firms and other qualifying financial institutions will be allowed to acquire a small business and retain that firm’s small business status indefinitely for the purposes of receiving federal small business contracts.
 
H.R. 3567 was introduced less than 90 days after the Small Business Administration adopted a policy to close a similar loophole that allowed billions in federal contracts to Fortune 1000 firms to be reported by the federal government as small business contracts. Prior to June 30th, federal policy allowed a large business to acquire a small business and retain that firm’s small business status for up to 20 years. The new SBA policy reduces the re-certification period to five years.
 
The SBA Office of Inspector General, the Office of Federal Procurement Policy and the Senate Small Business Committee all endorsed a policy that would have only allowed large businesses to keep the small business status of an acquired firm for one year. The Small Business Investment Expansion Act of 2007 will allow venture capital firms to acquire a small business and keep that firms small business status until that business breaches the small business size threshold for their industry.
 
 Since 2003, a series of federal investigations and private studies found the Bush Administration had included contracts to firms such as Lockheed, Boeing, Raytheon, Bechtel, General Dynamics, L3 Communications and Northrop Grumman towards the federal government’s 23 percent small business contracting goal.
 
Critics of the new bill see it as another big business promoted loophole that will divert even more federal small business contracts to large businesses. In August, SBA Administrator Steven Preston announced that $77.9 billion in federal contracts went to small business during FY 06, but acknowledged that “old regs” had allowed firms like Lockheed Martin to be considered small businesses.
 
In 2005, the Small Business Administration proposed a similar policy and put it out for public comment. The policy received the largest response to any proposed new policy in SBA history with over 6000 respondents. The SBA generally receives less than 100 responses to similar policy changes. Additionally, 95 percent of the responses were against any exemption for venture capital firms in small business size determination. The SBA dropped the proposed policy. Opponents to the exemption of venture capital firms included local Chambers of Commerce, small business groups, trade associations and individuals from across the country.
 
“It is very disappointing that this Congress would even consider another loophole like H.R. 3567, which will divert even more federal small business contracts big business.” American Small Business League founder Lloyd Chapman said.
 
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