H.Res. 383: H.R. 1873 – Small Business Fairness in Contracting Act

COMMITTEE ACTION: REPORTED BY A RECORD VOTE of 8 to 3 on Tuesday May 8, 2007.
FLOOR ACTION: ADOPTED BY THE YEAS AND NAYS 223-197 on Wednesday May 9, 2007.

MANAGERS: CARDOZA/DIAZ-BALART, LINCOLN

110th Congress 
1st Session

H.RES.  383

[Report No. 110-137]

 

 

H.R. 1873 – Small Business Fairness in Contracting Act

  1. Structured rule.
  2. Provides one hour of general debate equally divided and controlled by the Chairman and Ranking Minority Member of the Committee on Small Business.
  3. Waives all points of order against consideration of the bill except for clauses 9 and 10 of Rule XXI.
  4. Provides that the amendment in the nature of a substitute recommended by the Committee on Oversight and Government Reform now printed in the bill shall be considered as an original bill for the purpose of amendment and shall be considered as read. 
  5. All points of order against the committee amendment in the nature of a substitute are waived except for clauses 9 and 10 of Rule XXI.
  6. No amendments shall be in order except those amendments printed in the Rules Committee report accompanying the resolution.
  7. Provides that the amendments made in order in the report 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.
  8. Waives all points of order against the amendments printed in the report except for clauses 9 and 10 of Rule XXI.
  9. Provides one motion to recommit with or without instructions.
  10.  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.

 

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. 1873) to reauthorize the programs and activities of the Small Business Administration relating to procurement, 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.  It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Oversight and Government Reform now printed in the bill.  The committee amendment in the nature of a substitute shall be considered as read.  All points of order against the committee amendment in the nature of a substitute are waived except those arising under clause 9 or 10 of rule XXI.  Notwithstanding clause 11 of rule XVIII, no amendment to the committee amendment in the nature of a substitute 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.  Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute.  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. 1873 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 TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

1. Reyes (TX): #11, (REVISED) The amendment would aid small businesses that have been included in the Small Business Subcontracting Plans of prime contractors that obtain federal contracts. (10 minutes) 

2. Shuler (NC)/Chabot (OH): #10, The amendment extends small business contracting goals to overseas contracts. (10 minutes)

3. Bean (IL)/Chabot (OH): #8, The amendment would raise the government-wide small business procurement goal from 25 percent to 30 percent. (10 minutes) 

4. Sestak (PA)/Chabot (OH): #9, (REVISED) The amendment closes a loophole in the current bill that allows agencies to avoid doing small business impact studies by designating contracts as "transformed".  It also lowers the new dollar threshold established to $1.5 million to ensure a greater portion of contracts are reviewed for their impact on small business as well as taxpayer savings.  (10 minutes)

5. Welch (VT)/Inslee (WA)/Blumenauer (OR): #7, The amendment sets a 5% procurement goal for the Federal government to contract with "green" small businesses.  (10 minutes)

6. Wynn (MD): #3, The amendment commissions the Small Business Administration to complete a study on the feasibility and desirability of providing financial incentives to federal prime contractors who meet the goals set forth in their subcontracting plan of utilizing small business concerns owned by economically or socially disadvantaged individuals. (10 minutes)

7. Jackson-Lee (TX): #12, The amendment provides that, whenever the SBA and the contracting procurement agency fail to agree and the Administrator decides to take action to further the interests of a small business concern, the SBA is required to make available on their website any action taken and result achieved by the Administrator. (10 minutes)

 8. Jackson-Lee (TX): #13, The amendment requires that, when the SBA and the contracting procurement agency fail to agree and the Administrator submits the matter to the head of the agency for a determination, a copy of the written response to the Administrator be sent to the Committee of the House and Senate that has jurisdiction over the agency concerned, in addition to the Committees on Small Business and Oversight & Government Reform. (10 minutes)

TEXT OF THE AMENDMENTS TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

 

1. Reyes (TX):

2. Shuler (NC)/Chabot (OH):

3. Bean (IL)/Chabot (OH):

4. Sestak (PA)/Chabot (OH):

5. Welch (VT)/Inslee (WA)/Blumenauer (OR):

6. Wynn (MD):

7. Jackson-Lee (TX):

8. Jackson-Lee (TX):