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 deter-
mined 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Small Business Advo-
cate Act of 2012’’. 
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SEC. 2. OFFICES OF SMALL AND DISADVANTAGED BUSI-
NESS UTILIZATION. 
(a) 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 in-
serting ‘‘such agency to a position that is a Senior Execu-
tive 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 Of-
ficer 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 Dis-
advantaged 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 com-
parability payments under section 5304 of such title);’’. 
(b) PERFORMANCE APPRAISALS.—Section 15(k)(3) 
of such Act (15 U.S.C. 644(k)(3)) is amended— 
(1) by striking ‘‘be responsible only to, and re-
port directly to, the head’’ and inserting ‘‘shall be 
responsible only to (including with respect to per-
formance appraisals), and report directly and exclu-
sively to, the head’’; and 
(2) by striking ‘‘be responsible only to, and re-
port directly to, such Secretary’’ and inserting ‘‘be 
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responsible only to (including with respect to per-
formance appraisals), and report directly and exclu-
sively to, such Secretary’’. 
(c) SMALL BUSINESS TECHNICAL ADVISERS.—Sec-
tion 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;’’. 
(d) ADDITIONAL REQUIREMENTS.—Section 15(k) of 
such Act (15 U.S.C. 644(k)) is amended by inserting after 
paragraph (10) the following: 
‘‘(11) 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; 
‘‘(12) shall provide to the Chief Acquisition Of-
ficer and senior procurement executive of such agen-
cy advice and comments on acquisition strategies, 
market research, and justifications related to section 
44 of this Act; 
‘‘(13) 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 car-
rying out other responsibilities under this subsection; 
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‘‘(14) shall carry out exclusively the duties enu-
merated 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 
‘‘(15) shall submit, each fiscal year, to the 
Committee on Small Business of the House of Rep-
resentatives and the Committee on Small Business 
and Entrepreneurship of the Senate a report de-
scribing— 
‘‘(A) the training provided by the Director 
under paragraph (13) in the most recently com-
pleted fiscal year; 
‘‘(B) the percentage of the budget of the 
Director used for such training in the most re-
cently completed fiscal year; and 
‘‘(C) the percentage of the budget of the 
Director used for travel in the most recently 
completed fiscal year.’’. 
(e) TECHNICAL AMENDMENTS.—Section 15(k) of 
such Act (15 U.S.C. 644(k)), as amended by subsection 
(d), is further amended— 
(1) in the matter preceding paragraph (1) by 
striking ‘‘who shall’’ and inserting ‘‘who’’; 
(2) in paragraph (1)— 
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(A) by striking ‘‘be known’’ and inserting 
‘‘shall be known’’; and 
(B) by striking ‘‘such agency,’’ and insert-
ing ‘‘such agency;’’; 
(3) in paragraph (2) by striking ‘‘be appointed 
by’’ and inserting ‘‘shall be appointed by’’; 
(4) in paragraph (3)— 
(A) by striking ‘‘director’’ and inserting 
‘‘Director’’; and 
(B) by striking ‘‘Secretary’s designee,’’ and 
inserting ‘‘Secretary’s designee;’’; 
(5) in paragraph (4)— 
(A) by striking ‘‘be responsible’’ and in-
serting ‘‘shall be responsible’’; and 
(B) by striking ‘‘such agency,’’ and insert-
ing ‘‘such agency;’’; 
(6) in paragraph (5) by striking ‘‘identify pro-
posed’’ and inserting ‘‘shall identify proposed’’; 
(7) in paragraph (6) by striking ‘‘assist small’’ 
and inserting ‘‘shall assist small’’; 
(8) in paragraph (7)— 
(A) by striking ‘‘have supervisory’’ and in-
serting ‘‘shall have supervisory’’; and 
(B) by striking ‘‘this Act,’’ and inserting 
‘‘this Act;’’; 
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