IIB 
110TH CONGRESS 
1ST SESSION H. R. 1873 
IN THE SENATE OF THE UNITED STATES 
MAY 11, 2007 
Received; read twice and referred to the Committee on Small Business and 
Entrepreneurship 
AN ACT 
To reauthorize the programs and activities of the Small 
Business Administration relating to procurement, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Small Business Fairness in Contracting Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Regulations. 
TITLE I—CONTRACT BUNDLING 
Sec. 101. Definitions of bundling of contract requirements and related terms. 
Sec. 102. Justification. 
Sec. 103. Appeals. 
Sec. 104. Review. 
TITLE II—INCREASING THE NUMBER OF SMALL BUSINESS 
CONTRACTS AND SUBCONTRACTS 
Sec. 201. Small business goal. 
Sec. 202. Include overseas contracts in small business goal. 
Sec. 203. Annual goal negotiation. 
Sec. 204. Usage of small companies in goal achievement. 
Sec. 205. Annual plan for each agency explaining how agency will meet small 
business goals. 
Sec. 206. Making small businesses the first choice. 
Sec. 207. Uniform metric for subcontracting achievements. 
Sec. 208. Subcontracting database. 
Sec. 209. National database. 
Sec. 210. Review of subcontracting plans. 
Sec. 211. Agency obligation for fulfilling contracting goals. 
Sec. 212. Appropriate limits on value of sole source contracts. 
Sec. 213. Small business goals for green small business concerns. 
Sec. 214. Study on providing financial incentives to contractors that meet mi-
nority and disadvantaged business enterprise goals. 
TITLE III—PROTECTION OF TAXPAYERS FROM FRAUD 
Sec. 301. Small business size protest notification. 
Sec. 302. Review of national registry. 
Sec. 303. Recertification of compliance with size standards and registration with 
Central Contractor Registry. 
TITLE IV—AUTHORIZATION OF APPROPRIATIONS 
Sec. 401. Authorization of appropriations. 
SEC. 2. REGULATIONS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act— 
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(1) the Administrator of the Small Business 
Administration shall promulgate regulations to im-
plement this Act and the amendments made by this 
Act; and 
(2) the Federal Acquisition Regulation shall be 
revised to implement this Act and the amendments 
made by this Act. 
(b) NOTICE
AND COMMENT.—The regulations re-
quired by subsection (a) shall be promulgated after oppor-
tunity for notice and comment as required by section 
553(b) of title 5, United States Code. 
TITLE I—CONTRACT BUNDLING 
SEC. 101. DEFINITIONS OF BUNDLING OF CONTRACT RE-
QUIREMENTS AND RELATED TERMS. 
Section 3 of the Small Business Act (15 U.S.C. 632) 
is amended by amending subsection (o) to read as follows: 
‘‘(o) DEFINITIONS OF BUNDLING OF CONTRACT RE-
QUIREMENTS AND RELATED TERMS.—For purposes of 
this Act: 
‘‘(1) BUNDLED CONTRACT.— 
‘‘(A) IN
GENERAL.—The term ‘bundled 
contract’ means a contract or order that is en-
tered into to meet procurement requirements 
that are consolidated in a bundling of contract 
requirements, without regard to its designation 
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by the procuring agency or whether a study of 
the effects of the solicitation on civilian or mili-
tary personnel has been made. 
‘‘(B) EXCEPTIONS.—The term does not in-
clude— 
‘‘(i) a contract or order with an aggre-
gate dollar value below the dollar threshold 
specified in paragraph (4); or 
‘‘(ii) a contract or order that is en-
tered into to meet procurement require-
ments, all of which are exempted require-
ments under paragraph (5). 
‘‘(2) 
BUNDLING
OF
CONTRACT
REQUIRE-
MENTS.— 
‘‘(A) IN GENERAL.—The term ‘bundling of 
contract requirements’ means the use of any 
bundling methodology to satisfy 2 or more pro-
curement requirements for goods or services 
previously supplied or performed under separate 
smaller contracts or orders, or to satisfy 2 or 
more procurement requirements for construc-
tion services of a type historically performed 
under separate smaller contracts or orders, that 
is likely to be unsuitable for award to a small 
business concern due to— 
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‘‘(i) the diversity, size, or specialized 
nature of the elements of the performance 
specified; 
‘‘(ii) the aggregate dollar value of the 
anticipated award; 
‘‘(iii) the geographical dispersion of 
the contract or order performance sites; or 
‘‘(iv) any combination of the factors 
described in clauses (i), (ii), and (iii). 
‘‘(B) INCLUSION
OF
NEW
FEATURES
OR 
FUNCTIONS.—A combination of contract re-
quirements that would meet the definition of a 
bundling of contract requirements but for the 
addition of a procurement requirement with at 
least one new good or service shall be consid-
ered to be a bundling of contract requirements 
unless the new features or functions substan-
tially transform the goods or services and will 
provide measurably substantial benefits to the 
government in terms of quality, performance, or 
price. 
‘‘(C) EXCEPTIONS.—The term does not in-
clude— 
‘‘(i) the use of a bundling method-
ology for an anticipated award with an ag-
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gregate dollar value below the dollar 
threshold specified in paragraph (5); or 
‘‘(ii) the use of a bundling method-
ology to meet procurement requirements, 
all of which are exempted requirements 
under paragraph (6). 
‘‘(3) BUNDLING
METHODOLOGY.—The term 
‘bundling methodology’ means— 
‘‘(A) a solicitation to obtain offers for a 
single contract or order, or a multiple award 
contract or order; or 
‘‘(B) a solicitation of offers for the 
issuance of a task or a delivery order under an 
existing single or multiple award contract or 
order. 
‘‘(4) SEPARATE
SMALLER
CONTRACT.—The 
term ‘separate smaller contract’, with respect to 
bundling of contract requirements, means a contract 
or order that has been performed by 1 or more small 
business concerns or was suitable for award to 1 or 
more small business concerns. 
‘‘(5) DOLLAR THRESHOLD.—The term ‘dollar 
threshold’ means $65,000,000, if solely for construc-
tion services. 
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‘‘(6) EXEMPTED
REQUIREMENTS.—The term 
‘exempted requirement’ means a procurement re-
quirement solely for items that are not commercial 
items (as the term ‘commercial item’ is defined in 
section 4(12) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403(12)). 
‘‘(7) PROCUREMENT REQUIREMENT.—The term 
‘procurement requirement’ means a determination 
by an agency that a specified good or service is 
needed to satisfy the mission of the agency.’’. 
SEC. 102. JUSTIFICATION. 
Section 15(a) of the Small Business Act (15 U.S.C. 
644(a)) is amended— 
(1) by striking ‘‘(2) why delivery schedules’’ 
and inserting ‘‘(2) the names, addresses and size of 
the incumbent contract holders; (3) a description of 
the industries that might be interested in bidding on 
the contract requirements; (4) the number of small 
businesses listed in the industry categories that 
could be excluded from future bidding if the contract 
is combined or packaged; (5) why delivery sched-
ules’’; 
(2) by striking ‘‘(3) why the proposed acquisi-
tion’’ and inserting ‘‘(6) why the proposed acquisi-
tion’’; 
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(3) by striking ‘‘(4) why construction’’ and in-
serting ‘‘(7) why construction’’; 
(4) by striking ‘‘(5) why the agency’’ and in-
serting ‘‘(8) why the agency’’; 
(5) by striking ‘‘justified.’’ and inserting ‘‘justi-
fied. The statement shall also set forth the proposed 
procurement strategy required by subsection (e) and, 
if applicable, the specifications required by sub-
section (e)(3). The statement shall be made available 
to the public, including through dissemination in the 
Federal contracting opportunities database, concur-
rently with the issuance of the solicitation.’’; and 
(6) by inserting after ‘‘prime contracting oppor-
tunities.’’ the following: ‘‘If no notification of the 
procurement and accompanying statement is re-
ceived, but the Administrator determines that there 
is cause to believe the contract combines require-
ments or a contract (single or multiple award) or 
task or delivery order for construction services or in-
cludes unjustified bundling, then the Administrator 
may request that such a statement of work goods or 
services be completed by the procurement activity 
and sent to the Procurement Center Representative 
and the solicitation process postponed for 10 days to 
allow the Administrator to review the statement and 
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make recommendations as described in this section 
before the procurement is continued.’’. 
SEC. 103. APPEALS. 
Section 15(a) of the Small Business Act (15 U.S.C. 
644(a)) is amended by inserting before ‘‘Whenever the Ad-
ministration and the contracting procurement agency fail 
to agree,’’ the following: ‘‘If a small business concern 
would be adversely affected, directly or indirectly, by the 
procurement as proposed, and that small business concern 
or a trade association on behalf of that small business con-
cern so requests, the Administrator may, in the Adminis-
trator’s discretion, take action to further the interests of 
that small business concern, and shall make available to 
the public on the website of the Administration the action 
taken and the result achieved.’’. 
SEC. 104. REVIEW. 
Section 15(a) of the Small Business Act (15 U.S.C. 
644(a)) is amended by striking the sentence beginning 
‘‘Whenever the Administration and the contracting pro-
curement agency fail to agree,’’ and inserting the fol-
lowing: ‘‘Whenever the Administration and the contracting 
procurement agency fail to agree, the Administrator shall 
submit the matter to the head of the agency for a deter-
mination. The head of the agency shall provide a written 
response to the Administrator. A copy of such response 
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shall also be provided to the Committees on Small Busi-
ness of the House of Representatives and Senate, the 
Committee on Oversight and Government Reform of the 
House of Representatives, and the Committee on Home-
land Security and Governmental Affairs of the Senate, 
and any other committee of the House and Senate that 
has jurisdiction over the agency concerned.’’. 
TITLE 
II—INCREASING 
THE 
NUMBER OF SMALL BUSINESS 
CONTRACTS 
AND 
SUB-
CONTRACTS 
SEC. 201. SMALL BUSINESS GOAL. 
(a) GOVERNMENT-WIDE GOAL.—Section 15(g)(1) of 
the Small Business Act (15 U.S.C. 644(g)(1)) is amended 
by striking ‘‘23 percent’’ and inserting ‘‘30 percent’’. 
(b) GOALS
FOR
SMALL
DISADVANTAGED
BUSI-
NESSES
AND
WOMEN-OWNED
BUSINESSES.—Section 
15(g)(1) of such Act is further amended by striking ‘‘5 
percent’’ both places it appears and inserting ‘‘8 percent’’. 
SEC. 202. INCLUDE OVERSEAS CONTRACTS IN SMALL BUSI-
NESS GOAL. 
Section 15(g) of the Small Business Act (15 U.S.C. 
644(g)) is amended by adding at the end the following: 
‘‘(3) The procurement goals required by this sub-
section apply to all procurement contracts, without regard 
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to whether the contract is for work within or outside the 
United States.’’. 
SEC. 203. ANNUAL GOAL NEGOTIATION. 
Section 15(g)(1) of the Small Business Act (15 
U.S.C. 644(g)(1)) is amended by striking ‘‘The President 
shall annually establish Government-wide goals for pro-
curement contracts’’ and inserting ‘‘The President shall 
before the close of each fiscal year establish new Govern-
ment-wide procurement goals for the following fiscal year 
for procurement contracts’’. 
SEC. 204. USAGE OF SMALL COMPANIES IN GOAL ACHIEVE-
MENT. 
Section 15(g) of the Small Business Act (15 U.S.C. 
644(g)) is amended by adding at the end the following: 
‘‘(4) For purposes of this subsection and subsection 
(h), a small business concern shall be counted toward one 
additional category goal only, even if that small business 
concern otherwise qualifies under more than one category 
goal. In this paragraph, the term ‘category goal’ means 
a goal described in paragraph (2).’’. 
SEC. 205. ANNUAL PLAN FOR EACH AGENCY EXPLAINING 
HOW AGENCY WILL MEET SMALL BUSINESS 
GOALS. 
Section 15(g) of the Small Business Act (15 U.S.C. 
644(g)) is amended by adding at the end the following: 
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‘‘(5) Before the beginning of each fiscal year, the 
head of each Federal agency shall submit to the Adminis-
trator of the Small Business Administration and to Con-
gress a detailed plan explaining how the agency intends 
to meet the small business goals under this subsection that 
apply to that agency for that fiscal year.’’. 
SEC. 206. MAKING SMALL BUSINESSES THE FIRST CHOICE. 
Section 15(j) of the Small Business Act (15 U.S.C. 
644(j)) is amended— 
(1) in paragraph (1), by striking ‘‘$100,000’’ 
and inserting ‘‘the Simplified Acquisition Thresh-
old’’; and 
(2) in paragraph (3), by striking ‘‘subsection 
(a) of section 8’’ and inserting ‘‘section 8, 31, or 
36’’. 
SEC. 
207. 
UNIFORM 
METRIC 
FOR 
SUBCONTRACTING 
ACHIEVEMENTS. 
Section 8(d) of the Small Business Act (15 U.S.C. 
637(d)) is amended by adding at the end the following: 
‘‘(12) In carrying out this subsection, the Adminis-
trator shall require each prime contractor to report small 
business subcontract usage at all tiers based on the per-
centage of the total dollar amount of the contract award.’’. 
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SEC. 208. SUBCONTRACTING DATABASE. 
Section 8(d) of the Small Business Act (15 U.S.C. 
637(d)) is amended by adding at the end the following: 
‘‘(13) In carrying out this subsection, the Adminis-
trator shall develop and maintain a password-protected 
database that will enable the Administration to assist 
small businesses in marketing to large corporations that 
have not achieved their small business goals.’’. 
SEC. 209. NATIONAL DATABASE. 
The Administrator of the Small Business Administra-
tion shall ensure that whenever a small business enters 
its information in the Central Contractor Registry, or any 
successor to that registry, the Administrator contacts that 
business within 30 days regarding the likelihood of Fed-
eral contracting opportunities. The Administrator shall 
ensure that each small business that so registers is, for 
each industry code entered by that small business, pro-
vided with the total dollar value of government contract 
awards to small businesses for that industry. 
SEC. 210. REVIEW OF SUBCONTRACTING PLANS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the General Services 
Administration shall, after an opportunity for notice and 
comment, begin to make modifications, if necessary, to the 
Electronic Subcontracting Reporting System (ESRS) for 
the purpose of tracking companies’ compliance with small 
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business subcontracting plans included in successful con-
tract bids. ESRS shall be further developed, if necessary, 
in such a way that it allows agencies to track whether or 
not the prime contractor actually subcontracted work out 
to the subcontracting firms described in the Small Busi-
ness Subcontracting Plan. Further, ESRS shall be modi-
fied, if necessary, so that it facilitates review of a com-
pany’s record of compliance with small business subcon-
tracting plans. 
(b) PERIODIC REPORTS.—Prime contractors shall be 
required to submit Small Business Subcontracting Plans 
to ESRS and submit subsequent periodic reports to ESRS 
describing the extent to which the prime contractor com-
plied with small business subcontracting plans submitted 
as part of the company’s successful contract proposal. 
Each such report shall include a specific accounting of 
compliance with subcontracting goals described in the 
prime contractor’s Small Business Subcontracting Plans 
related to Small Disadvantaged Businesses Concerns, 
Women-Owned Small Business Concerns, Historically 
Black Colleges and Universities and Minority Institutions, 
Service-Disabled Veteran-Owned Small Business Con-
cerns, and HUBZone Small Business Concerns. Each 
such accounting of compliance shall also be included in 
ESRS. 
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(c) INCLUSION IN ESRS.—The ‘‘percentage of the 
total dollar amount of the contract award’’ that is paid 
to small business, as referred to in paragraph (12) of sec-
tion 8(d) of the Small Business Act (as added by section 
206 of this Act) shall also be included in ESRS. 
(d) AVAILABILITY OF ESRS.—ESRS and the infor-
mation therein shall be made available to agency officials 
and Source Selection Evaluation Boards (as referred to 
in Federal Acquisition Regulations 3.104–1) that are 
charged with evaluating contract proposals, and, when 
evaluating contract proposals, agencies shall take into con-
sideration the compliance with small business subcon-
tracting plans of companies competing for Federal con-
tracts, and within one year after the date of the enactment 
of this Act such consideration shall be reflected in the 
Federal Acquisition Regulations. 
(e) FURTHER MODIFICATIONS REQUIRED.—ESRS 
shall be modified in such a way that it can generate com-
parable reports on individual companies’ compliance 
records to be used in the contract proposal evaluation 
processes of agencies. 
SEC. 211. AGENCY OBLIGATION FOR FULFILLING CON-
TRACTING GOALS. 
Section 15(h) of the Small Business Act (15 U.S.C. 
644(h)) is amended by adding at the end the following: 
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‘‘(4) At the conclusion of each fiscal year, the head 
of each Federal agency shall submit to Congress a report 
specifying the percentage of contracts awarded by that 
agency for that fiscal year that were awarded to small 
business concerns. If the percentage is less than 25 per-
cent, the head of the agency shall, in the report, explain 
why the percentage is less than 25 percent and what will 
be done to ensure that the percentage for the following 
fiscal year will not be less than 25 percent.’’. 
SEC. 212. APPROPRIATE LIMITS ON VALUE OF SOLE 
SOURCE CONTRACTS. 
(a) APPROPRIATE LIMITS.—If a law is not enacted 
by December 31, 2007, revising the limits referred to in 
this subsection, the Administrator for Federal Procure-
ment Policy, in consultation with the Administrator for 
Small Business, shall establish appropriate limits on the 
value of contracts awarded without the use of competitive 
procedures to participants in the program established by 
section 8(a) of the Small Business Act (15 U.S.C. 637(a)) 
that are not subject to the limits on the value of such con-
tracts established by paragraph (1)(D) of section 8(a) of 
such Act. 
(b) CONSULTATION.—In establishing any limit de-
scribed in subsection (a). the Administrator for Federal 
Procurement Policy shall consult with representatives of 
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the affected program participants. The Administrator 
shall also take into account— 
(1) any special circumstances and needs of the 
affected program participants; and 
(2) the advantages of promoting competition in 
Federal contracting. 
SEC. 213. SMALL BUSINESS GOALS FOR GREEN SMALL 
BUSINESS CONCERNS. 
(a) IN GENERAL.—Section 15(g) of the Small Busi-
ness Act (15 U.S.C. 644(g)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘and small business con-
cerns owned and controlled by women’’ both 
places such term appears and inserting ‘‘small 
business concerns owned and controlled by 
women, and green small business concerns’’; 
and 
(B) by inserting before ‘‘Notwithstanding 
the Government-wide goal’’ the following: ‘‘The 
Government-wide goal for participation by 
green small business concerns shall be estab-
lished at not less than 5 percent of the total 
value of all prime contract and subcontract 
awards for each fiscal year.’’; and 
(2) in paragraph (2)— 
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(A) by striking ‘‘and by small business 
concerns owned and controlled by women’’ both 
places such term appears and inserting ‘‘by 
small business concerns owned and controlled 
by women, and by green small business con-
cerns’’; and 
(B) by striking ‘‘and small business con-
cerns owned and controlled by women’’ and in-
serting ‘‘small business concerns owned and 
controlled by women, and green small business 
concerns’’. 
(b) CONFORMING AMENDMENTS.— 
(1) DEFINITION.—Section 3 of that Act (15 
U.S.C. 632) is amended by adding at the end the 
following: 
‘‘(s) DEFINITIONS RELATING
TO GREEN SMALL 
BUSINESS CONCERNS.—In this Act, the term ‘green small 
business concern’ means a small business concern that 
carries out its activities in an environmentally sound man-
ner. The Administrator shall, in consultation with the En-
vironmental Protection Agency, the General Services Ad-
ministration, and other appropriate agencies, specify de-
tailed definitions or standards by which a small business 
concern may be determined to be a green small business 
concern for the purposes of this Act.’’. 
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(2) POLICY.—Section 8(d) of that Act (15 
U.S.C. 637(d)) is amended— 
(A) in paragraph (1) (in both places such 
term appears), paragraph (3)(A) (in both places 
such term appears), paragraph (4)(D), para-
graph (6)(A), paragraph (6)(C), paragraph 
(6)(F), and paragraph (10)(B) by striking ‘‘and 
small business concerns owned and controlled 
by women’’ and inserting ‘‘small business con-
cerns owned and controlled by women, and 
green small business concerns’’; 
(B) in paragraph (3)(F) by striking ‘‘or a 
small business concern owned and controlled by 
women’’ and inserting ‘‘a small business con-
cern owned and controlled by women, or a 
green small business concern’’; and 
(C) in paragraph (4)(E) by striking ‘‘and 
for small business concerns owned and con-
trolled by women’’ and inserting ‘‘for small 
business concerns owned and controlled by 
women, and for green small business concerns’’. 
(3) REPORTS ON GOALS.—Section 15(h) of that 
Act (15 U.S.C. 644(h)) is amended, in each of para-
graphs (1), (2)(A), (2)(D), and (2)(E) by striking 
‘‘and small business concerns owned and controlled 
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by women’’ and inserting ‘‘small business concerns 
owned and controlled by women, and green small 
business concerns’’. 
(4) PENALTIES.—Section 16 of that Act (15 
U.S.C. 645) is amended in each of subsections 
(d)(1) and (e) by striking ‘‘or a ‘small business con-
cern owned and controlled by women’ ’’ and inserting 
‘‘a ‘small business concern owned and controlled by 
women’, or a ‘green small business concern’ ’’. 
SEC. 214. STUDY ON PROVIDING FINANCIAL INCENTIVES 
TO CONTRACTORS THAT MEET MINORITY 
AND 
DISADVANTAGED 
BUSINESS 
ENTER-
PRISE GOALS. 
The Administrator of the Small Business Administra-
tion shall carry out a study on the feasibility and desir-
ability of providing financial incentives to contractors op-
erating under contracts from a Federal agency that 
achieve the percentage goals set forth in said contracts’ 
subcontracting plans for the utilization of small business 
concerns owned and controlled by socially and economi-
cally disadvantaged individuals. The Administrator shall 
submit to Congress a report on the results of the study, 
together with any findings, conclusions, and recommenda-
tions that the Administrator considers appropriate. 
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TITLE III—PROTECTION OF 
TAXPAYERS FROM FRAUD 
SEC. 301. SMALL BUSINESS SIZE PROTEST NOTIFICATION. 
(a) IN GENERAL.—The Administrator of the Small 
Business Administration shall work with appropriate Fed-
eral agencies to ensure that whenever a business concern 
is awarded a contract on the basis that it qualifies as small 
and then is determined not to qualify as small, a notifica-
tion of those facts (that an award was made on such a 
basis, and that such a determination was made) shall be 
placed adjacent to that concern’s listing in the Central 
Contractor Registry (or any successor to that registry). 
(b) COMPTROLLER GENERAL CERTIFICATION.—The 
Administrator shall, in making any report of small busi-
ness goal accomplishments, qualify the accomplishments 
as ‘‘estimated’’, until the Administrator obtains from the 
Comptroller General the Comptroller General’s certifi-
cation that there are no data integrity issues with respect 
to the national repository of contract award information 
known as Federal Procurement Data System-Next Gen-
eration (FPDS–NG), or any successor to that repository. 
(c) AWARDS TO LARGE BUSINESSES.—For each Fed-
eral agency, the Inspector General of that agency shall, 
on an annual basis, submit to Congress a report on the 
number and dollar value of contract awards that were 
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coded as awards to small business concerns but in fact 
were made to businesses that did not qualify as small busi-
ness concerns. 
SEC. 302. REVIEW OF NATIONAL REGISTRY. 
The Administrator of the Small Business Administra-
tion shall ensure, on a biannual basis, that an independent 
audit is performed of the Central Contractor Registry, or 
any successor to that registry, and that the Dynamic 
Small Business Search portion of the registry, or any suc-
cessor to that portion of the registry, is purged of any 
businesses that are not in fact small businesses. If a busi-
ness that has been so purged attempts, while not in fact 
a small business, to re-register, that business is subject 
to debarment as a Federal contractor and is further sub-
ject to penalties outlined in section 16 of the Small Busi-
ness Act (15 U.S.C. 645). 
SEC. 303. RECERTIFICATION OF COMPLIANCE WITH SIZE 
STANDARDS AND REGISTRATION WITH CEN-
TRAL CONTRACTOR REGISTRY. 
Section 3(a) of the Small Business Act (15 U.S.C. 
632(a)) is amended by adding at the end the following: 
‘‘(5) RECERTIFICATION.— 
‘‘(A) IN GENERAL.—If a business concern is 
awarded a contract because of a standard by which 
it is determined to be a small business concern, and 
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the business concern is close to exceeding that 
standard at the time the award is made, then the 
business concern must, annually after the date of 
the award, recertify to the agency awarding the con-
tract whether it meets that standard. 
‘‘(B) ‘CLOSE TO EXCEEDING’.—For purposes of 
subparagraph (A), a business concern is close to ex-
ceeding— 
‘‘(i) a number-of-employees standard if the 
number of employees of the business concern is 
95 percent or more of the maximum number of 
employees allowed under the standard; and 
‘‘(ii) a dollar-volume-of-business standard 
if the dollar volume of business is 80 percent or 
more of the maximum dollar volume allowed 
under the standard. 
‘‘(6) REGISTRY.—For a business concern to be 
awarded a contract because of a standard by which it is 
determined to be a small business concern, the business 
concern must, annually after the end of the fiscal year 
used by the business concern, update its listing in the Cen-
tral Contractor Registry.’’. 
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TITLE IV—AUTHORIZATION OF 
APPROPRIATIONS 
SEC. 401. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out this Act and the amend-
ments made by this Act. 
Passed the House of Representatives May 10, 2007. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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