PolicyBrief
H.R. 3736
119th CongressJun 4th 2025
The Small Business Representation in Contracting Rulemaking Act
IN COMMITTEE

This bill formally adds the Administrator of the Small Business Administration to the Federal Acquisition Regulatory Council and requires a report on the necessary resources for this new role.

Lateefah Simon
D

Lateefah Simon

Representative

CA-12

LEGISLATION

New Law Puts Small Business Administrator Directly on Federal Contracting Council to Shape $600B in Rules

If you’re a small business owner—whether you run a local construction firm or a software startup—you know how much federal contracts matter. They can be a lifeline, but navigating the rules for getting them is often a nightmare. This new piece of legislation, simply titled The Small Business Representation in Contracting Rulemaking Act, aims to fix some of that by giving small businesses a permanent seat at the table where those rules are made.

The Seat at the Table: What’s Changing

This bill makes one core change: it adds the Administrator of the Small Business Administration (SBA) as a permanent member of the Federal Acquisition Regulatory Council (FAR Council). The FAR Council is the group that writes the Federal Acquisition Regulation (FAR), which is basically the massive rulebook governing how the government spends its money on everything from paper clips to fighter jets. Historically, the FAR Council has been composed of representatives from the Department of Defense (DoD), the General Services Administration (GSA), and NASA. Now, the SBA Administrator is officially joining the club, according to the changes made to Section 1302(b)(1) of title 41 of the U.S. Code.

Why does this matter? The FAR Council makes the rules that determine how federal dollars are spent, including regulations for setting aside contracts for small businesses, defining what counts as a small business, and streamlining the bidding process. By adding the SBA Administrator, the bill ensures that someone whose entire job is advocating for small businesses has direct input before these rules are finalized. This isn’t just about having a voice; it’s about having a vote on the rules that govern billions of dollars in federal contracts.

The Immediate To-Do List for the SBA

This isn't just a ceremonial appointment. The bill immediately tasks the SBA Administrator with a crucial assignment: within 90 days of the law taking effect, they must deliver a detailed report to the House and Senate Small Business Committees. This report has two main parts. First, the Administrator needs to figure out exactly how much staff and what resources they’ll need to effectively participate in the FAR Council’s work. Second, and perhaps more importantly, they must propose specific changes to existing laws, strategies, or rules that would help them carry out these new responsibilities effectively.

Think of it as a mandate to review the current system and suggest upgrades. For a small manufacturing company trying to get its foot in the door, this means the SBA is now formally required to look at the process and recommend ways to make it less bureaucratic and more accessible. The report forces the SBA to immediately assess the practical challenges of integrating small business concerns into a massive, complex regulatory body. It’s a procedural step designed to ensure the new seat on the council actually translates into meaningful action, rather than just being an empty chair.