Obama Administration Capitulates in Legal Battle with the American Small Business League

Press Release

Obama Administration Capitulates in Legal Battle with the American Small Business League

March 5, 2009

Petaluma, Calif. - The Obama Administration has capitulated in its appeal of a federal district court ruling in favor of the American Small Business League (ASBL).  According to the court's briefing schedule, the Small Business Administration (SBA) was scheduled to deliver its appellate brief Wednesday. It failed to do so.

The ASBL filed suit against the SBA under the Freedom of Information Act (FOIA) after the agency refused to release the specific names of all firms that were coded by the federal government as small businesses for FY 2005 and FY 2006.  During proceedings in United States District Court, Northern District of California, SBA attorneys attempted to convince United States District Judge Marilyn H. Patel that the agency did not possess any information on the actual recipients of federal small business contracts.                 

Patel rejected the SBA's excuse in her ruling in favor of the ASBL stating, "The court finds curious the SBA's argument that it does not 'control' the very information it needs to carry out its duties and functions."
(www.asbl.com/documents/26-2.pdf)

Since 2003, more than a dozen federal investigations have uncovered the diversion of up to $100 billion a year in federal small business contracts to Fortune 500 corporations, their subsidiaries and other clearly large firms in the United States and even Europe.

Report 5-15, from the SBA Office of Inspector General stated, "One of the most important challenges facing the Small Business Administration and the entire Federal government today is that large businesses are receiving small business procurement awards and agencies are receiving credit for these awards." (http://www.sba.gov/IG/05-15.pdf)

More than 500 stories in the main stream media, as well as investigative reports by ABC, CBS and CNN found the Bush Administration had diverted hundreds of billions of dollars in federal small business contracts to corporate giants such as: Lockheed Martin, Boeing, Rolls Royce, Microsoft, Wall-Mart, L-3 Communications, British Aerospace Engineering (BAE) and Buhrmann NV, a Dutch firm with 17,000 employees in 26 countries.

"It is time for President Obama to make good on his campaign promise to stop the diversion of federal small business contracts to corporate giants.  The abuses in these economic stimulus programs for small businesses are at least a contributing factor to our country's current economic catastrophe. President Obama should move swiftly to immediately end these abuses," ASBL President Lloyd Chapman said.

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To Give or Not to Give

News

To Give or Not to Give

Should firms owned by venture capitalists get small business grants?

By Kelly Faircloth
Inc.com
March 4, 2009

The National Venture Capital Association wants Congress to reauthorize Small Business Innovative Research grants and make small venture-backed firms eligible for the program, a move that alarms the American Small Business League.

The SBIR program, set to expire in March, funds basic research by independently-owned small businesses. The grants go to basic research, which VCs won't fund. But firms can't apply if a VC owns more than 51 percent of the company.

"We want them to have the opportunity to apply and let the government decide which projects are worthy," said Emily Mendell, VP of strategic affairs at the NVCA.

The American Small Business League, an advocacy group devoted to small businesses getting federal contracts, opposes the move. President Lloyd Chapman argues the shift would put small businesses at a competitive disadvantage.

Chapman is especially concerned about VC competition for federal contracting dollars given Obama's selection of Karen Mills, a venture capitalist, to head the SBA.

"This is not just about the SBIR program, this is about the venture capital industry trying to have the definition of small business changed to include firms owned by venture capitalists, which will just divert federal contracting dollars to VC-owned firms," he said.

But Mendell counters the firms they want included are not well-funded juggernauts.

"These are really, really small companies, and just because they got some venture funding to bring one project forward does not mean they hit the jackpot," she said.

They support measures to prevent grants from going to large corporations, she added.

Source :  http://www.inc.com/news/articles/2009/03/VC.html

Obama Stimulus Spending Ignores Small Business As Dow Continues to Plunge

Press Release

Obama Stimulus Spending Ignores Small Business As Dow Continues to Plunge

March 3, 2009

Petaluma, Calif. - President Barack Obama's stimulus bill spending ignores America's 27 million small businesses and may have failed so far, in part because of that omission.  The Dow has now plunged to its lowest levels in 12 years.

President Obama's stimulus plan lacks any language that would direct any of the stimulus bill's spending to the small businesses that create over 98 percent of all new jobs. President Obama has also refused to address widely reported abuses in existing government economic stimulus programs for small businesses. (https://www.asbl.com/news.php

Critics from Rush Limbaugh to Bill Clinton have acknowledged the bill should have done more for small businesses. (http://www.rushlimbaugh.com/home/daily/site_030209/content/01125106.guest.html, http://blogs.wsj.com/independentstreet/2009/02/17/bill-clinton-stimulus-package-should-do-more-for-small-business/

According to the latest statistics from the U.S. Census Bureau, over 98 percent of all U.S. firms have 100 employees or less. These firms employ over 50 percent of the private sector work force and are responsible for 98 percent of new jobs in America. (https://www.asbl.com/documents/INKSBAReport.pdf

Economic experts agree that directing federal infrastructure spending to small businesses is the most efficient path to creating jobs and stimulating America's economy, but President Obama has refused to adopt any such plans. (http://www.youtube.com/watch?v=jR-fWcpkOHM

Since 2003, more than 15 federal investigations have found hundreds of billions of dollars in federal contracts earmarked for small businesses have been diverted to Fortune 500 firms. President Obama seemed to acknowledge the magnitude of the problem during his campaign when he released the statement, "It is time to end the diversion of federal small business contracts to corporate giants."
(ABC, https://www.asbl.com/abc_evening_news.wmv; CBS, https://www.asbl.com/cbs.wmv; CNN, https://www.asbl.com/showmedia.php?id=1170http://www.barackobama.com/2008/02/26/the_american_small_business_le.php

To date, President Obama has refused to support legislation and policies that would stop fraud and abuse in federal small business contracting programs.

The American Small Business League (ASBL) has urged President Obama to adopt policies that address the abuses in existing government economic stimulus plans for small businesses, and to include language in the stimulus bill that directs more federal spending to small businesses.

"It defies all reason and logic to try and stimulate the economy, and create millions of jobs by directing 100 percent of the stimulus bill spending to the top 1 percent of U.S. firms, when government statistics clearly show small businesses create 98 percent of all new jobs in America," ASBL President Lloyd Chapman said.

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Obama Pro-Venture Capital Policies Could Damage Middle Class Economy

Press Release

Obama Pro-Venture Capital Policies Could Damage Middle Class Economy

March 3, 2009

Petaluma, Calif. – President Barack Obama is expected to support legislation or policy that will allow wealthy venture capitalists to dominate federal programs designed to assist small businesses.  If he is successful, it will force thousands of small businesses to close their doors and cost countless American jobs. (http://www.vcjnews.com/story.asp?sectioncode=26&storycode=46450)

The Small Business Act requires that a small business be “independently owned.”  Firms that are owned and controlled by venture capitalists are not considered small businesses in federal small business contracting and grant programs.

The venture capital industry, led by the National Venture Capital Association (NVCA) has spent millions of dollars lobbying members of Congress to change the current definition of a small business to allow even billionaire venture capitalists to own a controlling interest in a small business and still qualify as participants in federal small business programs. Small business advocates are concerned that such a change would set a dangerous precedent for venture capital participation in all federal small business programs, and lead to the diversion of billions more in federal small business contracts to wealthy venture capitalists.

The American Small Business League (ASBL) is concerned that President Obama may attempt to sell federal small business programs to the venture capital industry by pushing Congress to add language to the omnibus spending bill, making changes to existing Small Business Administration policy or by issuing an executive order.
 
According to MAPLight.org, the venture capital industry contributed more than $1.2 million to President Obama's campaign. Additionally, the venture capital lobby has focused its campaign to buy political influence on key democratic leaders like Speaker of the House Nancy Pelosi (D - CA) and Senator John Kerry (D - MA). (http://www.maplight.org/map/us/interest/F2500)

Small business advocates point to the appointments of venture capitalist and Tootsie Roll heiress Karen Gordon Mills to run the Small Business Administration (SBA), and Julius Genachowski of Rock Creek Ventures to head the Federal Communications Commission (FCC), as further indications that President Obama may support the interests of the venture capital industry over small businesses.

“Small businesses are the engine that drives this nation’s economy in the car that takes American’s to work.  That ‘car’ is responsible for nearly all-new jobs. President Obama needs to consider America’s 27 million small businesses before he facilitates the wholesale diversion of billions of dollars in small business grants and contracts to some of our nation’s wealthiest investors,” ASBL President Lloyd Chapman said. “Legislation or policy that will allow venture capitalist owned-firms to participate in small business programs would damage our nation’s small businesses, cost America’s middle class billions and push our country further towards a depression.  It is just not reasonable.”

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Two questions for President Barack Obama from the American Small Business League (ASBL):

How much longer will you allow Fortune 500 firms to take federal small business contracts?

Why didn’t you push congress to allocate some of the stimulus bill spending to small businesses, the firms that create 97 percent of net new jobs?