[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6450 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 6450

 To amend the Small Business Act to reauthorize the SCORE program, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 20, 2022

   Mrs. Kim of California (for herself 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 Act may be cited as the ``SCORE for Small Business Act of 
2022''.

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) every 2 years, conduct a financial 
                        examination of the SCORE Association to ensure 
                        that any costs paid for with Federal funds are 
                        allowable, allocable, and reasonable;
                            ``(ii) review and approve 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;
                            ``(iii) maintain a system through which the 
                        SCORE Association provides 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 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) 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) maintain and enforce 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 effectively and efficiently provide services 
                        to individuals in rural areas, economically 
                        disadvantaged communities, or other 
                        traditionally underserved communities, 
                        including plans for virtual, remote, and 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 addition to providing in-person 
        services, the SCORE Association shall maintain and expand 
        online counseling services including webinars, electronic 
        mentoring platforms, and online toolkits to further support 
        entrepreneurs.
            ``(4) Accounting.--The SCORE Association shall--
                    ``(A) maintain a centralized accounting and 
                financing system for each chapter of the SCORE program;
                    ``(B) maintain a uniform policy and procedures to 
                manage Federal funds received pursuant to a cooperative 
                agreement described in paragraph (2); and
                    ``(C) maintain 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 
                Administration.
                    ``(B) Performance awards.--The SCORE Association 
                may spend up to 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 such 
                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 encourage 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 is 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 described 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 total number and the number of unique 
                clients 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 provided under 
                the SCORE program;
                    ``(D) the number of clients attending online and 
                local workshops provided under the SCORE program;
                    ``(E) to the extent practicable, the demographics 
                of SCORE program clients and volunteers, which shall 
                include the gender, race, and age of each such client 
                or volunteer;
                    ``(F) with respect to businesses assisted under the 
                SCORE program, the cost to create a job, the cost to 
                create a business, and return on investment;
                    ``(G) the number of referrals of SCORE program 
                clients to other resources and programs of the 
                Administration;
                    ``(H) the number of SCORE program clients receiving 
                financial assistance, including the type and dollar 
                amount, under loan programs of the Administration;
                    ``(I) the results of SCORE program client 
                satisfactory surveys, including a summary of any 
                comments received from such clients;
                    ``(J) the number of new businesses started up by 
                SCORE program clients;
                    ``(K) the number of such new businesses realizing 
                revenue growth;
                    ``(L) to the extent practicable, the number of jobs 
                created with assistance from the SCORE program;
                    ``(M) the total cost of the SCORE program;
                    ``(N) any recommendations of the Administrator to 
                improve the SCORE program; and
                    ``(O) an explanation of how the SCORE program has 
                been integrated with--
                            ``(i) small business development centers;
                            ``(ii) women's business centers (described 
                        under section 29);
                            ``(iii) Veteran Business Outreach Centers 
                        20 (described under section 32);
                            ``(iv) other offices of the Administration; 
                        and
                            ``(v) other public and private entities 
                        engaging in entrepreneurial and small business 
                        development.''.

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:
    ``(i) 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 $13,500,000 in each of fiscal years 2022 and 2023.''.

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 such 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.--Not later than 1 year 
after the date of the enactment of this Act, 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.--Not later than 3 months after the 
last day of the first full fiscal year following 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 
on the effectiveness of the online counseling services 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 services.

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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