I 

112TH CONGRESS 

2D SESSION H. R. 3851 

To amend the Small Business Act with respect to Offices of Small and 

Disadvantaged Business Utilization, and for other purposes. 

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 

A BILL 

To amend the Small Business Act with respect to Offices 

of Small and Disadvantaged Business Utilization, 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 ‘‘Small Business Advo5 cate Act of 2012’’. 


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1 SEC. 2. OFFICES OF SMALL AND DISADVANTAGED BUSI2 NESS UTILIZATION. 

3 (a) APPOINTMENT AND POSITION OF DIRECTOR.— 

4 Section 15(k)(2) of the Small Business Act (15 U.S.C. 

5 644(k)(2)) is amended by striking ‘‘such agency,’’ and in6 serting ‘‘such agency to a position that is a Senior Execu7 tive Service position (as such term is defined under section 

8 3132(a) of title 5, United States Code), except that, for 

9 any agency in which the positions of Chief Acquisition Of10 ficer and senior procurement executive (as such terms are 

11 defined under section 44(a) of this Act) are not Senior 

12 Executive Service positions, the Director of Small and Dis13 advantaged Business Utilization may be appointed to a 

14 position compensated at not less than the minimum rate 

15 of basic pay payable for grade GS–15 of the General 

16 Schedule under section 5332 of such title (including com17 parability payments under section 5304 of such title);’’. 

18 (b) PERFORMANCE APPRAISALS.—Section 15(k)(3) 

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

20 (1) by striking ‘‘be responsible only to, and re21 port directly to, the head’’ and inserting ‘‘shall be 

22 responsible only to (including with respect to per23 formance appraisals), and report directly and exclu24 sively to, the head’’; and 

25 (2) by striking ‘‘be responsible only to, and re26 port directly to, such Secretary’’ and inserting ‘‘be 


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1 responsible only to (including with respect to per2 formance appraisals), and report directly and exclu3 sively to, such Secretary’’. 

4 (c) SMALL BUSINESS TECHNICAL ADVISERS.—Sec5 tion 15(k)(8)(B) of such Act (15 U.S.C. 644(k)(8)(B)) is 

6 amended by striking ‘‘and 15 of this Act,’’ and inserting 

7 ‘‘, 15, and 44 of this Act;’’. 

8 (d) ADDITIONAL REQUIREMENTS.—Section 15(k) of 

9 such Act (15 U.S.C. 644(k)) is amended by inserting after 

10 paragraph (10) the following: 

11 ‘‘(11) shall review and advise such agency on 

12 any decision to convert an activity performed by a 

13 small business concern to an activity performed by 

14 a Federal employee; 

15 ‘‘(12) shall provide to the Chief Acquisition Of16 ficer and senior procurement executive of such agen17 cy advice and comments on acquisition strategies, 

18 market research, and justifications related to section 

19 44 of this Act; 

20 ‘‘(13) may provide training to small business 

21 concerns and contract specialists, except that such 

22 training may only be provided to the extent that the 

23 training does not interfere with the Director car24 rying out other responsibilities under this subsection; 


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1 ‘‘(14) shall carry out exclusively the duties enu2 merated in this Act, and shall, while the Director, 

3 not hold any other title, position, or responsibility, 

4 except as necessary to carry out responsibilities 

5 under this subsection; and 

6 ‘‘(15) shall submit, each fiscal year, to the 

7 Committee on Small Business of the House of Rep8 resentatives and the Committee on Small Business 

9 and Entrepreneurship of the Senate a report de10 scribing— 

11 ‘‘(A) the training provided by the Director 

12 under paragraph (13) in the most recently com13 pleted fiscal year; 

14 ‘‘(B) the percentage of the budget of the 

15 Director used for such training in the most re16 cently completed fiscal year; and 

17 ‘‘(C) the percentage of the budget of the 

18 Director used for travel in the most recently 

19 completed fiscal year.’’. 

20 (e) TECHNICAL AMENDMENTS.—Section 15(k) of 

21 such Act (15 U.S.C. 644(k)), as amended by subsection 

22 (d), is further amended— 

23 (1) in the matter preceding paragraph (1) by 

24 striking ‘‘who shall’’ and inserting ‘‘who’’; 

25 (2) in paragraph (1)— 


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1 (A) by striking ‘‘be known’’ and inserting 

2 ‘‘shall be known’’; and 

3 (B) by striking ‘‘such agency,’’ and insert4 ing ‘‘such agency;’’; 

5 (3) in paragraph (2) by striking ‘‘be appointed 

6 by’’ and inserting ‘‘shall be appointed by’’; 

7 (4) in paragraph (3)— 

8 (A) by striking ‘‘director’’ and inserting 

9 ‘‘Director’’; and 

10 (B) by striking ‘‘Secretary’s designee,’’ and 

11 inserting ‘‘Secretary’s designee;’’; 

12 (5) in paragraph (4)— 

13 (A) by striking ‘‘be responsible’’ and in14 serting ‘‘shall be responsible’’; and 

15 (B) by striking ‘‘such agency,’’ and insert16 ing ‘‘such agency;’’; 

17 (6) in paragraph (5) by striking ‘‘identify pro18 posed’’ and inserting ‘‘shall identify proposed’’; 

19 (7) in paragraph (6) by striking ‘‘assist small’’ 

20 and inserting ‘‘shall assist small’’; 

21 (8) in paragraph (7)— 

22 (A) by striking ‘‘have supervisory’’ and in23 serting ‘‘shall have supervisory’’; and 

24 (B) by striking ‘‘this Act,’’ and inserting 

25 ‘‘this Act;’’; 


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1 (9) in paragraph (8)— 

2 (A) by striking ‘‘assign a’’ and inserting 

3 ‘‘shall assign a’’; and 

4 (B) by striking ‘‘the activity, and’’ and in5 serting ‘‘the activity; and’’; 

6 (10) in paragraph (9)— 

7 (A) by striking ‘‘cooperate, and’’ and in8 serting ‘‘shall cooperate, and’’; and 

9 (B) by striking ‘‘subsection, and’’ and in10 serting ‘‘subsection;’’; and 

11 (11) in paragraph (10)— 

12 (A) by striking ‘‘make recommendations’’ 

13 and inserting ‘‘shall make recommendations’’; 

14 (B) by striking ‘‘subsection (a), or section’’ 

15 and inserting ‘‘subsection (a), section’’; 

16 (C) by striking ‘‘Act or section 2323’’ and 

17 inserting ‘‘Act, or section 2323’’; 

18 (D) by striking ‘‘Code. Such recommenda19 tions shall’’ and inserting ‘‘Code, which shall’’; 

20 and 

21 (E) by striking ‘‘contract file.’’ and insert22 ing ‘‘contract file;’’. 


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1 SEC. 3. SMALL BUSINESS PROCUREMENT ADVISORY COUN2 CIL. 

3 (a) DUTIES.—Section 7104(b) of the Federal Acqui4 sition Streamlining Act of 1994 (15 U.S.C. 644 note) is 

5 amended— 

6 (1) in paragraph 1 by striking ‘‘and’’ at the 

7 end; 

8 (2) in paragraph 2 by striking ‘‘authorities.’’ 

9 and inserting ‘‘authorities;’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(3) to conduct reviews of each Office of Small 

12 and Disadvantaged Business Utilization established 

13 under section 15(k) of the Small Business Act (15 

14 U.S.C. 644(k)) to determine the compliance of each 

15 Office with requirements under such section; 

16 ‘‘(4) to identify best practices for maximizing 

17 small business utilization in Federal contracting that 

18 may be implemented by Federal agencies having pro19 curement powers; and 

20 ‘‘(5) to submit, annually, to the Committee on 

21 Small Business of the House of Representatives and 

22 the Committee on Small Business and Entrepre23 neurship of the Senate a report describing— 

24 ‘‘(A) the comments submitted under para25 graph (2) during the 1-year period ending on 


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1 the date on which the report is submitted, in2 cluding any outcomes related to the comments; 

3 ‘‘(B) the results of reviews conducted 

4 under paragraph (3) during such 1-year period; 

5 and 

6 ‘‘(C) best practices identified under para7 graph (4) during such 1-year period.’’. 

8 (b) MEMBERSHIP.—Section 7104(c) of such Act (15 

9 U.S.C. 644 note) is amended by striking ‘‘(established 

10 under section 15(k) of the Small Business Act (15 U.S.C. 

11 644(k))’’. 

12 (c) CHAIRMAN.—Section 7104(d) of such Act (15 

13 U.S.C. 644 note) is amended by inserting after ‘‘Small 

14 Business Administration’’ the following: ‘‘(or the designee 

15 of the Administrator)’’. 

Æ 


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