Agencies subpoenaed to testify on small business leadership

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House Small Business Committee Chairman Sam Graves today issued subpoenas to four federal agencies seeking answers for why they refuse to put senior leadership in charge of small business contracting activities, a committee spokesman said.

The Treasury, State, Justice and Agriculture departments have said they believe they are in compliance with the spirit of  a law that requires agencies to put their Office of Small and Disadvantaged Business Utilization in direct contact with the agency’s secretary or deputy secretary.

Each agency is required to have an Office of Small and Disadvantaged Business Utilization (OSDBU) under the Small Business Act to ensure contracts are written with small business participation in mind.

The Government Accountability Office reported in June that the seven departments did not comply with the requirements. Some agencies name top level officials as OSDBU directors but have less senior administrators do day-to-day activities. Others have the OSDBU director report to officials other than the secretary or deputy secretary.

Rep. Mick Mulvaney, chairman of the House Small Business Subcommittee on Contracting and Workforce, sent letters to the noncompliant agencies in August asking them to reorganize their OSDBU offices so that the offices reported to senior leadership. The Interior Department and Social Security Administration responded by reorganizing their small business offices.

But the Treasury, State, Justice and Agriculture departments told Mulvaney they believe they are in compliance with the spirit of the law and will not change.

The subpoenas issued today require the deputy secretaries of those four unchanged agencies to explain their reasons at a full House Small Business Committee hearing on Nov. 1.

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  1. We have done over 30 presentations to Regional and local agencies to find out that although they are not in compliance with the requirement of the Public Laws, they do not intend to do anything since there are not one single requirement to require compliance and there is no adverse results for any Manager regardless of the location. There is a complete disregards for the Laws and regulations.

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