I 

114TH CONGRESS 

1ST SESSION H. R. 4198 

To amend the Small Business Act to clarify the responsibilities of Commercial 

Market Representatives, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 9, 2015 

Mr. BRAT introduced the following bill; which was referred to the Committee 

on Small Business 

A BILL 

To amend the Small Business Act to clarify the responsibilities of Commercial Market Representatives, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘The Commercial Mar5 ket Representatives Clarification Act’’. 

6 SEC. 2. RESPONSIBILITIES OF COMMERCIAL MARKET REP7 RESENTATIVES. 

8 Section 4(h) of the Small Business Act (as added by 

9 section 865 of the National Defense Authorization Act for 

10 Fiscal Year 2016 (Public Law 114–92)) is amended— 


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1 (1) in the subsection heading, by striking ‘‘CER2 TIFICATION REQUIREMENTS FOR’’; 

3 (2) in paragraph (2), by redesignating subpara4 graphs (A) and (B) as clauses (i) and (ii), respec5 tively (and conforming the margins accordingly); 

6 (3) by amending clause (ii) (as so redesignated) 

7 to read as follows: 

8 ‘‘(B) APPLICATION.—The requirements of 

9 clause (i) shall be included in any initial job 

10 posting for the position of a commercial market 

11 representative and shall apply to any person ap12 pointed as a commercial market representative 

13 after November 25, 2015.’’; 

14 (4) in clause (i) (as so redesignated), by strik15 ing ‘‘paragraph (2)’’ and inserting ‘‘subparagraph 

16 (A)’’; 

17 (5) by redesignating paragraphs (1) and (2) as 

18 subparagraphs (A) and (B), respectively (and con19 forming the margins accordingly); 

20 (6) in subparagraph (A) (as so redesignated), 

21 by striking ‘‘paragraph (2)’’ and inserting ‘‘subpara22 graph (B)’’; and 

23 (7) by inserting before subparagraph (A) (as so 

24 redesignated) the following: 


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1 ‘‘(1) DUTIES.—The principal duties of a Com2 mercial Market Representative employed by the Ad3 ministrator and reporting to the senior official ap4 pointed by the Administrator with responsibilities 

5 under sections 8, 15, 31, and 36 (or the designee of 

6 such official) shall be to advance the policies estab7 lished in section 8(d)(1) relating to subcontracting. 

8 Such duties shall include— 

9 ‘‘(A) helping prime contractors to find 

10 small business concerns that are capable of per11 forming subcontracts; 

12 ‘‘(B) for contractors awarded contracts 

13 containing the clause described in section 

14 8(d)(3), providing— 

15 ‘‘(i) counseling on the contractor’s re16 sponsibility to maximize subcontracting op17 portunities for small business concerns; 

18 ‘‘(ii) instruction on methods and tools 

19 to identify potential subcontractors that 

20 are small business concerns; and 

21 ‘‘(iii) assistance to increase awards to 

22 subcontractors that are small business con23 cerns through visits, training, and reviews 

24 of past performance; 


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1 ‘‘(C) providing counseling on how a small 

2 business concern may promote its capacity to 

3 contractors awarded contracts containing the 

4 clause described in section 8(d)(3); and 

5 ‘‘(D) conducting periodic reviews of con6 tractors awarded contracts containing the 

7 clause described in section 8(d)(3) to assess 

8 compliance with subcontracting plans required 

9 under section 8(d)(6). 

10 ‘‘(2) CERTIFICATION REQUIREMENTS.—’’. 

Æ 


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