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Union Calendar No. 524 

112TH CONGRESS 

2D SESSION H. R. 3851 

[Report No. 112–721, Part I] 

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 

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] 

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A BILL 

To amend the Small Business Act with respect to Offices 

of Small and Disadvantaged Business Utilization, and 

for other purposes. 

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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 Advocate 

5 Act of 2012’’. 

6 SEC. 2. OFFICES OF SMALL AND DISADVANTAGED BUSI7 NESS UTILIZATION. 

8 (a) APPOINTMENT AND POSITION OF DIRECTOR.—Sec9 tion 15(k)(2) of the Small Business Act (15 U.S.C. 

10 644(k)(2)) is amended by striking ‘‘such agency,’’ and in11 serting ‘‘such agency to a position that is a Senior Execu12 tive Service position (as such term is defined under section 

13 3132(a) of title 5, United States Code), except that, for any 

14 agency in which the positions of Chief Acquisition Officer 

15 and senior procurement executive (as such terms are defined 

16 under section 44(a) of this Act) are not Senior Executive 

17 Service positions, the Director of Small and Disadvantaged 

18 Business Utilization may be appointed to a position com19 pensated at not less than the minimum rate of basic pay 

20 payable for grade GS–15 of the General Schedule under sec21 tion 5332 of such title (including comparability payments 

22 under section 5304 of such title);’’. 

23 (b) PERFORMANCE APPRAISALS.—Section 15(k)(3) of 

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

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1 (1) by striking ‘‘be responsible only to, and re2 port directly to, the head’’ and inserting ‘‘shall be re3 sponsible only to (including with respect to perform4 ance appraisals), and report directly and exclusively 

5 to, the head’’; and 

6 (2) by striking ‘‘be responsible only to, and re7 port directly to, such Secretary’’ and inserting ‘‘be re8 sponsible only to (including with respect to perform9 ance appraisals), and report directly and exclusively 

10 to, such Secretary’’. 

11 (c) SMALL BUSINESS TECHNICAL ADVISERS.—Section 

12 15(k)(8)(B) of such Act (15 U.S.C. 644(k)(8)(B)) is amend13 ed— 

14 (1) by striking ‘‘and 15 of this Act,’’ and insert15 ing ‘‘, 15, and 44 of this Act;’’; and 

16 (2) by inserting after ‘‘of this Act’’ the following: 

17 ‘‘(giving priority in assigning to small business that 

18 are in metropolitan statistical areas for which the un19 employment rate is higher than the national average 

20 unemployment rate for the United States)’’. 

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

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

23 paragraph (10) the following: 

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

25 any decision to convert an activity performed by a 

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1 small business concern to an activity performed by a 

2 Federal employee; 

3 ‘‘(12) shall provide to the Chief Acquisition Offi4 cer and senior procurement executive of such agency 

5 advice and comments on acquisition strategies, mar6 ket research, and justifications related to section 44 of 

7 this Act; 

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

9 concerns and contract specialists, except that such 

10 training may only be provided to the extent that the 

11 training does not interfere with the Director carrying 

12 out other responsibilities under this subsection; 

13 ‘‘(14) shall carry out exclusively the duties enu14 merated in this Act, and shall, while the Director, not 

15 hold any other title, position, or responsibility, except 

16 as necessary to carry out responsibilities under this 

17 subsection; and 

18 ‘‘(15) shall submit, each fiscal year, to the Com19 mittee on Small Business of the House of Representa20 tives and the Committee on Small Business and En21 trepreneurship of the Senate a report describing— 

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

23 under paragraph (13) in the most recently com24 pleted fiscal year; 

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1 ‘‘(B) the percentage of the budget of the Di2 rector used for such training in the most recently 

3 completed fiscal year; and 

4 ‘‘(C) the percentage of the budget of the Di5 rector used for travel in the most recently com6 pleted fiscal year.’’. 

7 (e) REQUIREMENT OF CONTRACTING EXPERIENCE FOR

8 OSDBU DIRECTOR.—Section 15(k) of the Small Business 

9 Act (15 U.S.C. 644(k)), as amended by this Act, is further 

10 amended, in the matter preceding paragraph (1), by strik11 ing ‘‘who shall’’ and insert the following: ‘‘, with at least 

12 10 years of experience serving in any combination of the 

13 following roles: federal contracting officer, small business 

14 technical advisor, contracts administrator for federal gov15 ernment contracts, attorney specializing in federal procure16 ment law, small business liaison officer, officer or employee 

17 who managed federal government contracts for a small busi18 ness, or individual whose primary responsibilities were for 

19 the functions and duties of section 8, 15 or 44 of this Act. 

20 Such officer or employee’’. 

21 (f) TECHNICAL AMENDMENTS.—Section 15(k) of such 

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

23 (1) in paragraph (1)— 

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

25 ‘‘shall be known’’; and 

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1 (B) by striking ‘‘such agency,’’ and insert2 ing ‘‘such agency;’’; 

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

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

5 (3) in paragraph (3)— 

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

7 ‘‘Director’’; and 

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

9 inserting ‘‘Secretary’s designee;’’; 

10 (4) in paragraph (4)— 

11 (A) by striking ‘‘be responsible’’ and insert12 ing ‘‘shall be responsible’’; and 

13 (B) by striking ‘‘such agency,’’ and insert14 ing ‘‘such agency;’’; 

15 (5) in paragraph (5) by striking ‘‘identify pro16 posed’’ and inserting ‘‘shall identify proposed’’; 

17 (6) in paragraph (6) by striking ‘‘assist small’’ 

18 and inserting ‘‘shall assist small’’; 

19 (7) in paragraph (7)— 

20 (A) by striking ‘‘have supervisory’’ and in21 serting ‘‘shall have supervisory’’; and 

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

23 ‘‘this Act;’’; 

24 (8) in paragraph (8)— 

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

2 ‘‘shall assign a’’; and 

3 (B) in subparagraph (A), by striking ‘‘the 

4 activity, and’’ and inserting ‘‘the activity; and’’; 

5 (9) in paragraph (9)— 

6 (A) by striking ‘‘cooperate, and’’ and insert7 ing ‘‘shall cooperate, and’’; and 

8 (B) by striking ‘‘subsection, and’’ and in9 serting ‘‘subsection;’’; and 

10 (10) in paragraph (10)— 

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

12 and inserting ‘‘shall make recommendations’’; 

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

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

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

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

17 (D) by striking ‘‘Code. Such recommenda18 tions shall’’ and inserting ‘‘Code, which shall’’; 

19 and 

20 (E) by striking ‘‘contract file.’’ and insert21 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 Acquisi4 tion 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 Entrepreneur23 ship of the Senate a report describing— 

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

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1 date on which the report is submitted, including 

2 any outcomes related to the comments; 

3 ‘‘(B) the results of reviews conducted under 

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

5 ‘‘(C) best practices identified under para6 graph (4) during such 1-year period.’’. 

7 (b) MEMBERSHIP.—Section 7104(c)(3) of such Act (15 

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

9 section 15(k) of the Small Business Act (15 U.S.C. 644(k))’’. 

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

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

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

13 of the Administrator)’’. 

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Union Calendar No. 524 

112TH CONGRESS 

2D SESSION H. R. 3851 

[Report No. 112–721, Part I] 

A BILL 

To amend the Small Business Act with respect to 

Utilization, and for other purposes. Offices of Small and Disadvantaged Business 

DECEMBER 21, 2012 

Reported from the Committee on Small Business with an 

amendment 

DECEMBER 21, 2012 

The Committee on Oversight and Government Reform 

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

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