IB
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.
Short title
This Act may be cited as the
Small Business Advocate Act of
2012
.
Offices of Small and Disadvantaged Business Utilization
Appointment and position of Director
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);
.
Performance appraisals
Section 15(k)(3) of such Act (15 U.S.C. 644(k)(3)) is amended—
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
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
.
Small business technical advisers
Section 15(k)(8)(B) of such Act (15 U.S.C. 644(k)(8)(B)) is amended—
by striking and 15
of this Act,
and inserting , 15, and 44 of this Act;
;
and
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)
.
Additional requirements
Section 15(k) of such Act (15 U.S.C. 644(k)) is amended by inserting after paragraph (10) the following:
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;
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;
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;
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
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—
the training provided by the Director under paragraph (13) in the most recently completed fiscal year;
the percentage of the budget of the Director used for such training in the most recently completed fiscal year; and
the percentage of the budget of the Director used for travel in the most recently completed fiscal year.
.
Requirement of contracting experience for OSDBU Director
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
.
Technical amendments
Section 15(k) of such Act (15 U.S.C. 644(k)), as amended, is further amended—
in paragraph (1)—
by striking be
known
and inserting shall be known
; and
by striking such
agency,
and inserting such agency;
;
in paragraph (2) by
striking be appointed by
and inserting shall be appointed
by
;
in paragraph (3)—
by striking
director
and inserting Director
; and
by striking
Secretary's designee,
and inserting Secretary's
designee;
;
in paragraph (4)—
by striking be
responsible
and inserting shall be responsible
;
and
by striking such
agency,
and inserting such agency;
;
in paragraph (5) by
striking identify proposed
and inserting shall identify
proposed
;
in paragraph (6) by
striking assist small
and inserting shall assist
small
;
in paragraph (7)—
by striking have
supervisory
and inserting shall have supervisory
;
and
by striking this
Act,
and inserting this Act;
;
in paragraph (8)—
by striking assign
a
and inserting shall assign a
; and
in subparagraph (A), by striking the
activity, and
and inserting the activity; and
;
in paragraph (9)—
by striking
cooperate, and
and inserting shall cooperate,
and
; and
by striking
subsection, and
and inserting subsection;
;
and
in paragraph (10)—
by striking make
recommendations
and inserting shall make
recommendations
;
by striking
subsection (a), or section
and inserting subsection (a),
section
;
by striking Act or
section 2323
and inserting Act, or section 2323
;
by striking Code.
Such recommendations shall
and inserting Code, which
shall
; and
by striking
contract file.
and inserting contract
file;
.
Small Business Procurement Advisory Council
Duties
Section 7104(b) of the Federal Acquisition Streamlining Act of 1994 (15 U.S.C. 644 note) is amended—
in paragraph (1) by
striking and
at the end;
in paragraph (2) by
striking authorities.
and inserting authorities;
;
and
by adding at the end the following:
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;
to identify best practices for maximizing small business utilization in Federal contracting that may be implemented by Federal agencies having procurement powers; and
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—
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;
the results of reviews conducted under paragraph (3) during such 1-year period; and
best practices identified under paragraph (4) during such 1-year period.
.
Membership
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))
.
Chairman
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
Say “Hi” on Messenger
