H.Res. 773: H.R. 3867 - Small Business Contracting Program Improvements Act

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Wednesday, October 24, 2007.
FLOOR ACTION:

MANAGERS:  CARDOZA/DIAZ-BALART, LINCOLN 

110th Congress 
1st Session

H.RES. 773

[Report No. 110-407]
 

H.R. 3867 – Small Business Contracting Program Improvements Act

  1. Structured rule.
  1. Waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI.
  1. Provides one hour of general debate equally divided and controlled by the chairman and ranking minority member of the Committee on Small Business.
  1. Provides that the bill shall be considered as read.
  1. Waives all points of order against provisions of the bill.  This waiver does not affect the point of order available under clause 9 of rule XXI (regarding earmark disclosure).
  1. Makes in order only those amendments printed in the Rules Committee report accompanying the resolution.
  1. Provides that the amendments made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.
  1. Waives all points of order against the amendments printed in the report except for those arising under clause 9 or 10 of rule XXI.
  1. Provides one motion to recommit H.R. 3867 with or without instructions.
  1. Provides that, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to a time designated by the Speaker.

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RESOLUTION

            Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 3867) to update and expand the procurement programs of the Small Business Administration, and for other purposes.  The first reading of the bill shall be dispensed with.  All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.  General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Small Business.  After general debate the bill shall be considered for amendment under the five-minute rule.  The bill shall be considered as read.  All points of order against provisions of the bill are waived.  Notwithstanding clause 11 of rule XVIII, no amendment to the bill shall be in order except those printed in the report of the Committee on Rules accompanying this resolution.  Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.  All points of order against such amendments are waived except those arising under clause 9 or 10 of rule XXI.  At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted.  The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

            Sec. 2.  During consideration in the House of H.R. 3867 pursuant to this resolution, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to such time as may be designated by the Speaker.

 

SUMMARY OF AMENDMENTS MADE IN ORDER

(summaries derived from information provided by sponsors)

*select the name of the amendment sponsor to retrieve amendment text in .pdf format. 

1. Velázquez (NY):

This amendment would establish that those veterans who are severely disabled shall be given special consideration as agencies implement contracting regulations.  It would also set forth certain standards for business integrity that are required for participation in federal contracting programs.  Additionally, the amendment would clarify the implementation of the women’s procurement program.

 (10 minutes)

2. Akin (MO):

The amendment would 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.

 (10 minutes)

3. Welch (VT)/Braley (IA):

The amendment would require the Administrator of the Small Business Administration to carry out a study on the effectiveness of the HUBZone program in reaching rural areas.

 (10 minutes)

4. Mica (FL):

This amendment would 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.

 (10 minutes)

5. Mica (FL):

The amendment would 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.

 (10 minutes)

6. Moran, James (VA):

The amendment would require that the Administrator of the Small Business Administration conduct a study to determine, with respect to small business contracts, whether incumbent Federal contractors are submitting frivolous protests to extend the length of current contracts before protest decisions are resolved.  The Administrator also would develop recommendations to discourage frivolous protests.

 (10 minutes)

7. Baird (WA):

This amendment would direct the Administrator of the Small Business Administration to examine the lists of groups the members of which are presumed to be socially disadvantaged under the Small Disadvantaged Business program under section 8(a) of the Small Business Act and to consider whether the list should be updated to include additional groups.

 (10 minutes)

8. Brown-Waite (FL):

The amendment would create a liaison within the Small Business Administration whose duty, in consultation with the Assistant Secretary of the Department of Homeland Security for US Immigration and Customs Enforcement, is to ensure that section 2(i) of the Small Business Act, regarding assistance to individuals not lawfully within the , is carried out.

 (10 minutes)

9. Gillibrand (NY):

The amendment provides that any employer found, based on a determination by the Department of Homeland Security or the Attorney General to have engaged in a pattern or practice of hiring, recruiting or referring for a fee, for employment in the United States an alien knowing the person is an unauthorized alien shall be subject to debarment from the receipt of future Federal contracts.

 (10 minutes)

10. Lampson (TX):

 

The amendment would prohibit the use of any funds for first-class or business-class airline travel by agency employees when carrying out the provisions of HR 3867.  The amendment includes exceptions provided by the Code of Federal Regulations 301-10.122 to 10.124, as applicable to federal agency employees.

 (10 minutes)