‘‘(vi) substantiated comments received
from small business concerns and per-
sonnel of the Office of Small and Dis-
advantaged Business Utilization of each
Federal agency regarding the treatment of
small business concerns by Federal agen-
cies on Federal procurement contracts;
‘‘(vii) an analysis of the responsive-
ness of each Federal agency to small busi-
ness concerns with respect to Federal con-
tracting and subcontracting;
‘‘(viii) an assessment of the compli-
ance of each Federal agency with section
15(k) of the Small Business Act (15
U.S.C. 644(k); and
‘‘(ix) a description of any discrimina-
tion faced by small business concerns
based on their status as small business
concerns or the gender or the social or eco-
nomic status of their owners.
‘‘(C) NOTICE AND COMMENT.—
‘‘(i) IN
GENERAL.—The SDB Om-
budsman shall provide notice to each Fed-
eral agency identified in the report pre-
pared under subparagraph (A) that such
agency has 60 days to submit comments
on the draft report to the SDB Ombuds-
man before the final report is submitted to
Congress under subparagraph (A).
‘‘(ii) INCLUSION
OF
OUTSIDE
COM-
MENTS.—
‘‘(I) IN GENERAL.—The final re-
port prepared under this paragraph
shall contain a section in which Fed-
eral agencies are given an opportunity
to respond to the report contents with
which they disagree.
‘‘(II) NO RESPONSE.—If no re-
sponse is received during the 60-day
comment period from a particular
agency identified in the report, the
final report under this paragraph
shall indicate that the agency was af-
forded an opportunity to comment.
‘‘(D) 
CONFIDENTIALITY.—In 
preparing
the report under this paragraph, the SDB Om-
budsman shall keep confidential all information
that may expose a small business concern or an
employee of an Office of Small and Disadvan-
taged Business Utilization to possible retalia-
tion from the agency or prime contractor identi-
fied by the small business concern, unless the
small business concern or employee of the Of-
fice of Small and Disadvantaged Business Utili-
zation consents in writing to the release of such
information.
‘‘(4) 
INTERAGENCY
COORDINATION.—Each
Federal agency, through its Office of Small and Dis-
advantaged Business Utilization, shall assist the
SDB Ombudsman to ensure compliance with—
‘‘(A) the Federal procurement goals estab-
lished pursuant to section 15(g);
‘‘(B) the procurement policy outlined in
section 8(d), which states that small business
concerns should be given the maximum prac-
ticable opportunity to participate in Federal
contracts;
‘‘(C) Federal prime contractors small busi-
ness subcontracting plans negotiated under sec-
tion 8(d)(4)(B);
‘‘(D) the responsibilities outlined under
section 15(k); and
‘‘(E) any other provision of this Act.
‘‘(5) GOAL
ATTAINMENT
PLAN.—If a major
Federal agency fails to meet any small business pro-
curement goal under this Act in any fiscal year, such
agency shall submit a goal attainment plan to the
SDB Ombudsman not later than 90 days after the
end of the fiscal year in which the goal was not met,
containing—
‘‘(A) a description of the circumstances
that contributed to the failure of the agency to
reach its small business procurement goals; and
‘‘(B) a detailed plan for meeting the small
business procurement goals in the fiscal year
immediately following the fiscal year in which
the goal was not met.
‘‘(6) EFFECT ON OTHER OFFICES.—Nothing in
this section is intended to replace or diminish the ac-
tivities of the Office of Small and Disadvantaged
Business Utilization or any similar office in any
Federal agency.
‘‘(7) ADMINISTRATIVE RESOURCES.—To enable
the SDB Ombudsman to carry out the duties re-
quired by this subsection, the Administrator shall
provide the SDB Ombudsman with sufficient—
‘‘(A) personnel;
‘‘(B) office space; and
‘‘(C) dedicated financial resources, which
are specifically identified in the annual budget
request of the Administration.’’.
SEC. 3. OFFICE OF SMALL AND DISADVANTAGED BUSINESS
UTILIZATION.
(a) DIRECTOR.—Section 15(k) of the Small Business
Act (15 U.S.C. 644(k)) is amended—
(1) in the first sentence, by inserting ‘‘(except
for the Administration)’’ after ‘‘Federal agency’’;
(2) by striking paragraph (2), and inserting the
following:
‘‘(2) be well qualified, with experience assisting
small business concerns with Federal procurement,
and receive basic pay at a rate not to exceed the rate
of pay for grade 15 of the General Schedule, under
section 5332 of title 5, United States Code;’’;
(3) by striking paragraph (3) and inserting the
following:
‘‘(3) be appointed by the head of such agency,
be responsible to, and report only to, the head or
deputy head of such agency for policy matters, per-
sonnel matters, budgetary matters, and all other
matters;’’;
(4) in paragraph (9), by striking ‘‘, and’’ and
inserting a semicolon;
(5) in paragraph (10)—
(A) by striking ‘‘or section 8(a) of this Act
or section 2323 of title 10, United States Code.
Such recommendations’’ and inserting ‘‘section
8(a), or section 2323 of title 10, United States
Code, which recommendations’’; and
(B) by striking the period at the end and
inserting a semicolon; and
(6) by striking the undesignated matter after
paragraph (10) and inserting the following:
‘‘(11) not concurrently serve as the chief pro-
curement officer for such agency; and
‘‘(12) if the officer is employed by a major Fed-
eral agency (as defined in section 30)—
‘‘(A) have no other job duties beyond those
described under this subsection;
‘‘(B) receive basic pay at a rate equal to
the rate of pay for grade 15 of the General
Schedule, under section 5332 of title 5, United
States Code; and
‘‘(C) attend the meetings of the Office of
Small and Disadvantaged Business Utilization
Council.’’.
(b) OFFICE OF SMALL AND DISADVANTAGED BUSI-
NESS UTILIZATION COUNCIL.—