I 

114TH CONGRESS 

2D SESSION H. R. 4339 

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

Opportunity Specialists, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2016 

Ms. MAXINE WATERS of California (for herself and Ms. VELA ́ZQUEZ) 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 Business Opportunity Specialists, 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 ‘‘Improving Small Busi5 ness Advocacy Act of 2016’’. 


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1 SEC. 2. RESPONSIBILITIES OF BUSINESS OPPORTUNITY 

2 SPECIALISTS. 

3 Section 4(g) of the Small Business Act (as added by 

4 section 865 of the National Defense Authorization Act for 

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

6 (1) in the subsection heading, by striking ‘‘CER7 TIFICATION REQUIREMENTS FOR’’; 

8 (2) in paragraph (2), by redesignating subpara9 graphs (A) and (B) as clauses (i) and (ii), respec10 tively (and conforming the margins accordingly); 

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

12 to read as follows: 

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

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

15 posting for the position of a Business Oppor16 tunity Specialist and shall apply to any person 

17 appointed as a Business Opportunity Specialist 

18 after January 3, 2013.’’; 

19 (4) in clause (i) (as so redesignated), by strik20 ing ‘‘paragraph (1)’’ and inserting ‘‘subparagraph 

21 (A)’’; 

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

23 subparagraphs (A) and (B), respectively (and con24 forming the margins accordingly); 


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

2 by striking ‘‘paragraph (2)’’ and inserting ‘‘subpara3 graph (B)’’; and 

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

5 redesignated) the following: 

6 ‘‘(1) DUTIES.—The exclusive duties of a Busi7 ness Opportunity Specialist employed by the Admin8 istrator and reporting to the senior official appointed 

9 by the Administrator with responsibilities under sec10 tions 8, 15, 31, and 36 (or the designee of such offi11 cial) shall be to implement sections 7, 8, and 45 and 

12 to complete other duties related to contracting pro13 grams under this Act. Such duties shall include— 

14 ‘‘(A) with respect to small business con15 cerns eligible to receive contracts and sub16 contracts pursuant to section 8(a)— 

17 ‘‘(i) providing guidance, counseling, 

18 and referrals for assistance with technical, 

19 management, financial, or other matters 

20 that will improve the competitive viability 

21 of such concerns; 

22 ‘‘(ii) identifying causes of success or 

23 failure of such concerns; 

24 ‘‘(iii) providing comprehensive assess25 ments of such concerns, including identiVerDate Sep 11 2014 02:34 Jan 07, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4339.IH H4339

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1 fying the strengths and weaknesses of such 

2 concerns; 

3 ‘‘(iv) monitoring and documenting 

4 compliance with the requirements of sec5 tions 7 and 8 and any regulations imple6 menting those sections; 

7 ‘‘(v) explaining the requirements of 

8 sections 7, 8, 15, 31, 36 and 45; and 

9 ‘‘(vi) advising on compliance with con10 tracting regulations (including the Federal 

11 Acquisition Regulation) after award of 

12 such a contract or subcontract; 

13 ‘‘(B) reviewing and monitoring compliance 

14 with mentor-protege agreements under section 

15 45; 

16 ‘‘(C) representing the interests of the Ad17 ministrator and small business concerns in the 

18 award, modification, and administration of con19 tracts and subcontracts awarded pursuant to 

20 section 8(a); and 

21 ‘‘(D) reporting fraud or abuse under sec22 tion 7, 8, 15, 31, 36 or 45 or any regulations 

23 implementing such sections. 

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

Æ 


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