[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4407 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 4407
To amend the Small Business Act to reauthorize the SCORE program, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 19, 2019
Mr. Kevin Hern of Oklahoma (for himself and Ms. Craig) introduced the
following bill; which was referred to the Committee on Small Business
_______________________________________________________________________
A BILL
To amend the Small Business Act to reauthorize the SCORE program, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This title may be cited as the ``SCORE for Small Business Act of
2019''.
SEC. 2. SCORE PROGRAM PROVISIONS AND REQUIREMENTS.
Section 8 of the Small Business Act (15 U.S.C. 637) is amended--
(1) in subsection (b)(1)(B)--
(A) by striking ``a Service Corps of Retired
Executives (SCORE)'' and inserting ``the SCORE program
described in subsection (c)''; and
(B) by striking ``SCORE may'' and inserting ``the
SCORE Association (as defined in subsection (c)) may'';
and
(2) by striking subsection (c) and inserting the following:
``(c) SCORE Program.--
``(1) Definitions.--In this subsection:
``(A) SCORE association.--The term `SCORE
Association' means the Service Corps of Retired
Executives Association or any successor or other
organization that enters into a cooperative agreement
(as described under paragraph (2)) with the
Administrator to operate the SCORE program.
``(B) SCORE foundation.--The term `SCORE
Foundation' means an organization with a mission to
support the SCORE Association and volunteers of the
SCORE program.
``(C) SCORE program.--The term `SCORE program'
means the SCORE program authorized by subsection
(b)(1)(B).
``(2) Cooperative agreement.--The Administrator shall enter
into a cooperative agreement with the SCORE Association to
carry out the SCORE program, which shall include the following
requirements:
``(A) Administrator duties.--The Administrator
shall--
``(i) conduct an annual financial
examination of the SCORE Association to ensure
that any costs paid for with Federal funds are
allowable, allocable, and reasonable;
``(ii) for contracts entered into by the
SCORE Association to provide goods or services
for the SCORE program of a value greater than
an amount determined by the Administrator,
review and approve such contracts;
``(iii) establish a system through which
the SCORE Association can provide documentation
relating to such contracts; and
``(iv) within 30 days of the receipt of a
quarterly report on the achievements of the
SCORE program submitted by the SCORE
Association, reconcile and differences between
such report and the performance results of the
SCORE program reported in a management
information system of the Office of
Entrepreneurial Development.
``(B) SCORE association duties.--The SCORE
Association shall--
``(i) manage nationwide chapters of the
SCORE program;
``(ii) develop guidance and provide annual
training to employees of the SCORE Association
on generating and using program income from the
SCORE program;
``(iii) submit documentation to the
Administrator verifying such annual training is
completed;
``(iv) separate funds donated to the SCORE
Association from program income and funds
received pursuant to a cooperative agreement;
and
``(v) establish requirements for volunteers
participating in the SCORE program, including
requirements that each such volunteer shall--
``(I) based on the business
experience and knowledge of the
volunteer--
``(aa) provide personal
counseling, mentoring, and
coaching on the process of
starting, expanding, managing,
buying, and selling a business
at no cost to individuals who
own, or aspire to own, small
business concerns; and
``(bb) facilitate free or
low-cost education workshops
for individuals who own, or
aspire to own, small business
concerns; and
``(II) as appropriate, use tools,
resources, and expertise of other
organizations to carry out the SCORE
program.
``(C) Joint duties.--The Administrator, in
consultation with the SCORE Association, shall ensure
that the SCORE program and each chapter of the SCORE
program--
``(i) develop and implement plans and goals
to more effectively and efficiently provide
services to individuals in rural areas,
economically disadvantaged communities, or
other traditionally underserved communities,
including plans for electronic initiatives,
web-based initiatives, chapter expansion,
partnerships, and the development of new skills
by volunteers participating in the SCORE
program; and
``(ii) reinforce an inclusive culture by
recruiting diverse volunteers for the chapters
of the SCORE program.
``(3) Online component.--In carrying out this subsection,
the SCORE Association shall make use of online counseling,
including by developing and implementing webinars and an
electronic mentoring platform to expand access to services
provided under this subsection and to further support
entrepreneurs.
``(4) Accounting.--Not later than 6 months after the date
of the enactment of this subsection, the SCORE Association
shall--
``(A) centralize all accounting and finance systems
of each chapter of the SCORE program and develop a
uniform policy and procedures to manage Federal funds;
and
``(B) designate an employee of the SCORE
Association to serve as a compliance officer to ensure
expenditures of the SCORE program are fully compliant
with any law, regulation, or cooperative agreement
relating to the SCORE program.
``(5) Compensation.--
``(A) Salaries.--The salary of an employee of the
SCORE Association may not exceed the equivalent of the
maximum rate of pay allowable for an individual in the
career Senior Executive Service employed at the Small
Business Administration.
``(B) Performance awards.--The SCORE Association
may spend up to 1.5 percent of the aggregate salaries
of employees of the SCORE Association on individual
performance awards to employees of the SCORE
Association, to be disbursed before the last day of the
fiscal year, if not later than 60 days before
disbursement the SCORE Association submits to the
Administrator a report on the number and amount of such
awards to be disbursed.
``(C) SCORE foundation.--A member of the Board of
Directors of the SCORE Association or an employee of
the SCORE Association may not simultaneously serve on
the Board of Directors of, or receive compensation
from, the SCORE Foundation without written approval
from the Administrator.
``(6) Whistleblower protection requirements.--The SCORE
Association shall--
``(A) annually update all manuals or other
documents applicable to employees and volunteers of the
SCORE Association or the SCORE program to include
requirements relating to reporting procedures and
protectors for whistleblowers; and
``(B) conduct an annual training for employees and
volunteers of the SCORE Association or the SCORE
program on the requirements described in paragraph (1)
and emphasize the use of the hotline established by the
Office of the Inspector General of the Small Business
Administration to submit whistleblower reports.
``(7) Published materials.--The SCORE Association shall
ensure all published materials include written acknowledgment
of Small Business Administration support of the SCORE program
if such materials are paid for in whole or in part by Federal
funds.
``(8) Privacy requirements.--
``(A) In general.--Neither the Administrator nor
the SCORE Association may disclose the name, address,
or telephone number of any individual or small business
concern receiving assistance from the SCORE Association
without the consent of such individual or small
business concern, unless--
``(i) the Administrator is ordered to make
such a disclosure by a court in any civil or
criminal enforcement action initiated by a
Federal or State agency; or
``(ii) the Administrator determines such a
disclosure to be necessary for the purpose of
conducting a financial audit of the SCORE
program, in which case disclosure shall be
limited to the information necessary for the
audit.
``(B) Administrator use of information.--This
paragraph shall not--
``(i) restrict the access of the
Administrator to SCORE program activity data;
or
``(ii) prevent the Administrator from using
SCORE program client information to conduct
client surveys.
``(C) Standards.--
``(i) In general.--The Administrator shall,
after the opportunity for notice and comment,
establish standards for--
``(I) disclosures with respect to
financial audits under subparagraph
(A)(ii); and
``(II) conducting client surveys,
including standards for oversight of
the surveys and for dissemination and
use of client information.
``(ii) Maximum privacy protection.--The
standards issued under this subparagraph shall,
to the extent practicable, provide for the
maximum amount of privacy protection.
``(9) Annual report.--Not later than 180 days after the
date of the enactment of this subsection and annually
thereafter, the Administrator shall submit to the Committee on
Small Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Representatives a
report on the performance and effectiveness of the SCORE
program, which may be included as part of another report
submitted to such Committees by the Administrator, and which
shall include--
``(A) the number of individuals counseled or
trained under the SCORE program;
``(B) the number of hours of counseling provided
under the SCORE program;
``(C) the number of local workshops;
``(D) the number of clients attending online and
local workshops;
``(E) the number of unique clients served;
``(F) to the extent practicable, the demographics
of SCORE program participants and volunteers, which
shall include the gender, race, and age of each such
participant or volunteer;
``(G) the cost to create a job, the cost to create
a business, and return on investment;
``(H) the number of referrals to other resources
and programs of the Administration;
``(I) the number of participants in the SCORE
program receiving financial assistance, including the
type and dollar amount, under loan programs of the
Administration;
``(J) the results of SCORE program participant
satisfactory surveys, including a summary of any
comments received from such participants;
``(K) the number of new businesses started up by
SCORE program participants;
``(L) the number of such new businesses realizing
revenue growth;
``(M) to the extent practicable, the number of jobs
created with assistance from the SCORE program;
``(N) the total cost of the SCORE program;
``(O) any recommendations of the Administrator to
improve the SCORE program; and
``(P) an explanation of how the SCORE program has
been integrated with other resource partners and
related resources of the Administration.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR THE SCORE PROGRAM.
Section 20 of the Small Business Act (15 U.S.C. 631 note) is
amended by adding at the end the following new subsection:
``(h) SCORE Program.--There are authorized to be appropriated to
the Administrator to carry out the SCORE program authorized by section
8(b)(1) such sums as are necessary for the Administrator to make grants
or enter into cooperative agreements in a total amount that does not
exceed $11,700,000 in each of fiscal years 2020, 2021, and 2022.''.
SEC. 4. REPORTING REQUIREMENTS.
(a) Study and Report on the Future Role of the SCORE Program.--
(1) Study.--The SCORE Association shall carry out a study
on the future role of the SCORE program and develop a strategic
plan for how the SCORE program will meet the needs of small
business concerns during the 5-year period beginning on the
date of the enactment of this Act, with specific objectives for
the first, third, and fifth years of the 5-year period.
(2) Report.--Not later than the end of the 6-month period
beginning on the date of the enactment of this Act, the SCORE
Association shall submit to the Committee on Small Business of
the House of Representatives and the Committee on Small
Business and Entrepreneurship of the Senate a report
containing--
(A) all findings and determination made in carrying
out the study required under paragraph (1);
(B) the strategic plan developed under paragraph
(1); and
(C) an explanation of how the SCORE Association
plans to achieve the strategic plan, assuming both
stagnant and increased funding levels.
(b) Administrator Report on Leased Space.--The Administrator of the
Small Business Administration shall submit to the Committee on Small
Business of the House of Representatives and the Committee on Small
Business and Entrepreneurship of the Senate a report containing an
assessment of the cost of leased space that is donated to the SCORE
Association.
(c) Online Component Report.--Before the last day of fiscal year
2020, the SCORE Association shall submit to the Committee on Small
Business of the House of Representatives and the Committee on Small
Business and Entrepreneurship of the Senate a report on the
effectiveness of the online counseling and webinars required under
paragraph (3) of section 8(c) of the Small Business Act, as added by
section 2 of this Act, including a description of--
(1) how the SCORE Association determines electronic
mentoring and webinar needs, develops training for electronic
mentoring, establishes webinar criteria curricula, and
evaluates webinar and electronic mentoring results;
(2) the internal controls that are used and a summary of
the topics covered by the webinars; and
(3) performance metrics, including the number of small
business concerns counseled by, the number of small business
concerns created by, the number of jobs created and retained
by, and the funding amounts directed towards such online
counseling and webinars.
SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Small Business Act.--The Small Business Act (15 U.S.C. 631 et
seq.) is amended--
(1) in section 7 (15 U.S.C. 636)--
(A) in subsection (b)(12)--
(i) in the paragraph heading, by inserting
``program'' after ``SCORE''; and
(ii) in subparagraph (A), by striking
``Service Corps of Retired Executives'' and
inserting ``SCORE program''; and
(B) in subsection (m)(3)(A)(i)(VIII), by striking
``Service Corps of Retired Executives'' and inserting
``SCORE program''; and
(2) in section 22 (15 U.S.C. 649)--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``Service
Corps of Retired Executives'' and inserting
``SCORE program''; and
(ii) in paragraph (3), by striking
``Service Corps of Retired Executives'' and
inserting ``SCORE program''; and
(B) in subsection (c)(12), by striking ``Service
Corps of Retired Executives'' and inserting ``SCORE
program''.
(b) Other Laws.--
(1) Small business reauthorization act of 1997.--Section
707 of the Small Business Reauthorization Act of 1997 (15
U.S.C. 631 note) is amended by striking ``Service Corps of
Retired Executives (SCORE) program'' and inserting ``SCORE
program (as defined in section 8(c)(1) of the Small Business
Act)''.
(2) Veterans entrepreneurship and small business
development act of 1999.--Section 301 of the Veterans
Entrepreneurship and Small Business Development Act of 1999 (15
U.S.C. 657b note) is amended by striking ``Service Core of
Retired Executives'' and inserting ``SCORE program''.
(3) Military reservist and veteran small business
reauthorization and opportunity act of 2008.--Section 3(5) of
the Military Reservist and Veteran Small Business
Reauthorization and Opportunity Act of 2008 (15 U.S.C. 636
note) is amended by striking ``the Service Corps of Retired
Executives'' and inserting ``the SCORE program''.
(4) Children's health insurance program reauthorization act
of 2009.--Section 621 of the Children's Health Insurance
Program Reauthorization Act of 2009 (15 U.S.C. 657p) is
amended--
(A) in subsection (a), by striking paragraph (4)
and inserting the following:
``(4) the term `SCORE program' means the SCORE program
authorized by section 8(b)(1)(B) of the Small Business Act (15
U.S.C. 637(b)(1)(B));''; and
(B) in subsection (b)(4)(A)(iv), by striking
``Service Corps of Retired Executives'' and inserting
``SCORE program''.
(5) Energy policy and conservation act.--Section
337(d)(2)(A) of the Energy Policy and Conservation Act (42
U.S.C. 6307(d)(2)(A)) is amended by striking ``Service Corps of
Retired Executives (SCORE)'' and inserting ``SCORE program''.
SEC. 6. DEFINITIONS.
In this Act:
(1) Administration; administrator.--The terms
``Administration'' and ``Administrator'' mean, respectively,
the Small Business Administration and the Administrator
thereof.
(2) SCORE association; score program.--The terms ``SCORE
Association'' and ``SCORE program'' have the meaning given
those terms, respectively, under section 8(c)(1) of the Small
Business Act, as added by section 2 of this Act.
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