Text of H.R. 3851 (112th): Small Business Advocate Act of 2012 (Reported by House Committee version)

Union Calendar No. 524

112th CONGRESS

2d Session

H. R. 3851

[Report No. 112–721, Part I]

IN THE HOUSE OF REPRESENTATIVES

January 31, 2012

Mr. Graves of Missouri introduced the following bill; which was referred to the Committee on Small Business, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

December 21, 2012

Additional sponsors: Mr. Chabot, Mr. Mulvaney, Mr. Walsh of Illinois, Mr. West, Mr. Hanna, Mr. Schilling, Mrs. Ellmers, and Ms. Herrera Beutler

December 21, 2012

Reported from the Committee on Small Business with an amendment

Strike out all after the enacting clause and insert the part printed in italic

December 21, 2012

The Committee on Oversight and Government Reform discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

For text of introduced bill, see copy of bill as introduced on January 31, 2012

A BILL

To amend the Small Business Act with respect to Offices of Small and Disadvantaged Business Utilization, and for other purposes.

This Act may be cited as the Small Business Advocate Act of 2012.

(a)

Section 15(k)(2) of the Small Business Act (15 U.S.C. 644(k)(2)) is amended by striking such agency, and inserting such agency to a position that is a Senior Executive Service position (as such term is defined under section 3132(a) of title 5, United States Code), except that, for any agency in which the positions of Chief Acquisition Officer and senior procurement executive (as such terms are defined under section 44(a) of this Act) are not Senior Executive Service positions, the Director of Small and Disadvantaged Business Utilization may be appointed to a position compensated at not less than the minimum rate of basic pay payable for grade GS–15 of the General Schedule under section 5332 of such title (including comparability payments under section 5304 of such title);.

(b)

Section 15(k)(3) of such Act (15 U.S.C. 644(k)(3)) is amended—

(1)

by striking be responsible only to, and report directly to, the head and inserting shall be responsible only to (including with respect to performance appraisals), and report directly and exclusively to, the head; and

(2)

by striking be responsible only to, and report directly to, such Secretary and inserting be responsible only to (including with respect to performance appraisals), and report directly and exclusively to, such Secretary.

(c)

Section 15(k)(8)(B) of such Act (15 U.S.C. 644(k)(8)(B)) is amended—

(1)

by striking and 15 of this Act, and inserting , 15, and 44 of this Act;; and

(2)

by inserting after of this Act the following: (giving priority in assigning to small business that are in metropolitan statistical areas for which the unemployment rate is higher than the national average unemployment rate for the United States).

(d)

Section 15(k) of such Act (15 U.S.C. 644(k)) is amended by inserting after paragraph (10) the following:

(11)

shall review and advise such agency on any decision to convert an activity performed by a small business concern to an activity performed by a Federal employee;

(12)

shall provide to the Chief Acquisition Officer and senior procurement executive of such agency advice and comments on acquisition strategies, market research, and justifications related to section 44 of this Act;

(13)

may provide training to small business concerns and contract specialists, except that such training may only be provided to the extent that the training does not interfere with the Director carrying out other responsibilities under this subsection;

(14)

shall carry out exclusively the duties enumerated in this Act, and shall, while the Director, not hold any other title, position, or responsibility, except as necessary to carry out responsibilities under this subsection; and

(15)

shall submit, each fiscal year, to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report describing—

(A)

the training provided by the Director under paragraph (13) in the most recently completed fiscal year;

(B)

the percentage of the budget of the Director used for such training in the most recently completed fiscal year; and

(C)

the percentage of the budget of the Director used for travel in the most recently completed fiscal year.

(e)

Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), as amended by this Act, is further amended, in the matter preceding paragraph (1), by striking who shall and insert the following: , with at least 10 years of experience serving in any combination of the following roles: federal contracting officer, small business technical advisor, contracts administrator for federal government contracts, attorney specializing in federal procurement law, small business liaison officer, officer or employee who managed federal government contracts for a small business, or individual whose primary responsibilities were for the functions and duties of section 8, 15 or 44 of this Act. Such officer or employee.

(f)

Section 15(k) of such Act (15 U.S.C. 644(k)), as amended, is further amended—

(1)

in paragraph (1)—

(A)

by striking be known and inserting shall be known; and

(B)

by striking such agency, and inserting such agency;;

(2)

in paragraph (2) by striking be appointed by and inserting shall be appointed by;

(3)

in paragraph (3)—

(A)

by striking director and inserting Director; and

(B)

by striking Secretary's designee, and inserting Secretary's designee;;

(4)

in paragraph (4)—

(A)

by striking be responsible and inserting shall be responsible; and

(B)

by striking such agency, and inserting such agency;;

(5)

in paragraph (5) by striking identify proposed and inserting shall identify proposed;

(6)

in paragraph (6) by striking assist small and inserting shall assist small;

(7)

in paragraph (7)—

(A)

by striking have supervisory and inserting shall have supervisory; and

(B)

by striking this Act, and inserting this Act;;

(8)

in paragraph (8)—

(A)

by striking assign a and inserting shall assign a; and

(B)

in subparagraph (A), by striking the activity, and and inserting the activity; and;

(9)

in paragraph (9)—

(A)

by striking cooperate, and and inserting shall cooperate, and; and

(B)

by striking subsection, and and inserting subsection;; and

(10)

in paragraph (10)—

(A)

by striking make recommendations and inserting shall make recommendations;

(B)

by striking subsection (a), or section and inserting subsection (a), section;

(C)

by striking Act or section 2323 and inserting Act, or section 2323;

(D)

by striking Code. Such recommendations shall and inserting Code, which shall; and

(E)

by striking contract file. and inserting contract file;.

(a)

Section 7104(b) of the Federal Acquisition Streamlining Act of 1994 (15 U.S.C. 644 note) is amended—

(1)

in paragraph (1) by striking and at the end;

(2)

in paragraph (2) by striking authorities. and inserting authorities;; and

(3)

by adding at the end the following:

(3)

to conduct reviews of each Office of Small and Disadvantaged Business Utilization established under section 15(k) of the Small Business Act (15 U.S.C. 644(k)) to determine the compliance of each Office with requirements under such section;

(4)

to identify best practices for maximizing small business utilization in Federal contracting that may be implemented by Federal agencies having procurement powers; and

(5)

to submit, annually, to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report describing—

(A)

the comments submitted under paragraph (2) during the 1-year period ending on the date on which the report is submitted, including any outcomes related to the comments;

(B)

the results of reviews conducted under paragraph (3) during such 1-year period; and

(C)

best practices identified under paragraph (4) during such 1-year period.

(b)

Section 7104(c)(3) of such Act (15 U.S.C. 644 note) is amended by striking (established under section 15(k) of the Small Business Act (15 U.S.C. 644(k)).

(c)

Section 7104(d) of such Act (15 U.S.C. 644 note) is amended by inserting after Small Business Administration the following: (or the designee of the Administrator).

December 21, 2012

Reported from the Committee on Small Business with an amendment

December 21, 2012

The Committee on Oversight and Government Reform discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed