[Congressional Record Volume 170, Number 36 (Wednesday, February 28, 2024)]
[House]
[Pages H725-H726]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ENCOURAGING SUCCESS ACT
Mr. WILLIAMS of Texas. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 6591) to amend section 8(a) of the Small Business
Act to require the Administrator of the Small Business Administration
to regularly reassess the asset and net worth thresholds for qualifying
as an economically disadvantaged individual, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6591
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Encouraging Success Act''.
SEC. 2. REGULAR REASSESSMENT OF THE THRESHOLDS FOR
ECONOMICALLY DISADVANTAGED INDIVIDUALS.
(a) In General.--Section 8(a)(6) of the Small Business Act
(15 U.S.C. 637(a)(6)) is amended by adding at the end the
following new subparagraph:
``(F)(i) Not later than one year after the date of the
enactment of this subparagraph, and not less frequently than
every four years thereafter, the Administrator shall assess
and, if appropriate, revise the maximum value of asset and
the maximum net worth an individual may have to qualify as an
economically disadvantaged individual under subparagraph (A)
to account for changes in the economy, including inflation
and other factors as determined appropriate by the
Administrator.
``(ii) The Administrator shall make each covered revision
by issuing a rule after an opportunity for public notice and
comment.
``(iii) To the extent practicable, the Administrator shall
coordinate the activities carried out under clause (i) with
the activities required under section 1344(a)(2) of the Small
Business Jobs Act of 2010 (15 U.S.C. 632 note).
``(iv) In this subparagraph, the term `covered revision'
means a revision described in clause (i) that the
Administrator determines is appropriate pursuant to an
assessment under such clause.''.
(b) Compliance With Cutgo.--No additional amounts are
authorized to be appropriated to carry out this Act or the
amendments made by this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Williams) and the gentlewoman from New York (Ms. Velazquez)
each will control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. WILLIAMS of Texas. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and include extraneous material on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. WILLIAMS of Texas. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today in support of H.R. 6591, the Encouraging
Success Act, sponsored by the gentleman from Texas (Mr. Ellzey), my
good friend.
The 8(a) program allows certain small businesses to compete for
valuable contracting opportunities. However, SBA regulations threaten
to remove the participating firms if the owner reaches certain
financial thresholds. While these thresholds are necessary to ensure
that only true small businesses are utilizing this program, it can
force some small business owners to make a tough decision: proactively
stop expanding their business so they can stay in the program or grow
outside the limits set by the SBA and get kicked out of the program.
I spoke with a female veteran in my district who was facing this
exact issue. The bill doesn't solve all the issues in this program, but
it requires the SBA to reassess the 8(a) asset threshold cap every 4
years, ensuring it is in line with market realities.
Mr. Speaker, I urge my colleagues to vote for H.R. 6591, the
Encouraging Success Act, and I reserve the balance of my time.
{time} 1730
Ms. VELAZQUEZ. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I thank my colleagues, Representatives Ellzey and
Thanedar, for their work on this bill, the Encouraging Success Act.
The 8(a) program is one of the most effective tools for minority
businessowners to get their foot in the door of the Federal
marketplace.
The program is critical for entrepreneurs who have faced
discrimination. This bill requires the SBA to regularly assess, and,
when necessary, update the economic threshold for program
participation.
I share the sponsors' concerns that the lack of reassessment or
readjustment can penalize growth and that a regular assessment will
ensure that the program keeps pace with changing economic environments.
Mr. Speaker, the National Minority Supplier Development Council has
said that this legislation will enhance the effectiveness of SBA
programs, including the esteemed 8(a) program, ensuring they continue
to serve as powerful catalysts for community wealth building and
inclusive economic development.
The 8(a) program remains a win-win for the government and for
communities across the country. It has led to
[[Page H726]]
a more diverse Federal market and supply chain, provided billions of
dollars annually through streamlined contracting processes for minority
businessowners, and continues to work to help minority businessowners
overcome the real and ongoing discrimination that would otherwise hold
them back.
Keeping 8(a) intact and relevant must remain a top priority. I
appreciate the sponsors for their work, and I reserve the balance of my
time.
Mr. WILLIAMS of Texas. Mr. Speaker, I yield such time as he may
consume to the gentleman from Texas (Mr. Ellzey).
Mr. ELLZEY. Mr. Speaker, I thank Chairman Williams and Ranking Member
Velazquez for allowing me to lay out H.R. 5961, the Encouraging Success
Act. Bipartisanship on this committee is alive and well, and I thank
Congressman Thanedar for joining me on this bill.
The Small Business Administration's 8(a) program was established in
the 1970s to help small businesses compete with large corporations for
U.S. Government contracts.
A qualifying small business can only be a part of the program for 9
years. To initially qualify and remain in the 8(a) program, there is a
cap to the value of a small business' assets.
Since the program's inception, the asset cap has only been raised
twice and is currently at the very small amount of $6.5 million.
The asset threshold is set through an SBA-determined regulation, and
the law does not outline any process of when or how the SBA should
reassess the threshold to remain in line with market changes.
Unfortunately, because the requirements to initially qualify for the
program or to remain in it haven't kept up with market changes, the cap
is set to a level at which a small business is disadvantaged to compete
in the open market at the end of the 9-year program.
The SBA's slow-to-change attitude with the asset cap can limit the
success of an 8(a) small business or outright kill it.
With the threat of being graduated out of the 8(a) program, small
business owners must decide whether their firm's growth is worth being
removed from the program.
Our bill, H.R. 6591, helps solve the situation and encourages success
of small businesses by compelling the SBA administrator to review the
qualification caps with greater frequency to ensure that small
businesses participating in the 8(a) program are allowed to grow big
enough to compete with larger companies, once their participation in
the program ends. We ask for your support for H.R. 6591.
Ms. VELAZQUEZ. Mr. Speaker, again, I appreciate the great work of my
colleagues on this bill, and I yield myself the balance of my time.
I will close by noting that 3 weeks ago, the committee held a hearing
on small business size standards and contracting policies and the
barriers they can pose to growth.
As we discussed, the Federal Government needs to both recruit and
retain small business government contractors.
We are seeing that retaining small firms, like those in the 8(a)
program, is a necessity for the health of the industrial base.
This bill will contribute to the retention of growing small
businesses. It is a productive step designed to ensure that minority
businessowners can succeed, thrive, and grow in the Federal marketplace
and beyond.
Mr. Speaker, I yield back the balance of my time.
Mr. WILLIAMS of Texas. Mr. Speaker, I urge my colleagues to support
this commonsense legislation from Congressmen Ellzey and Thanedar, and
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Williams) that the House suspend the rules
and pass the bill, H.R. 6591, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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