[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6450 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
2d Session
H. R. 6450
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2022
Received; read twice and referred to the Committee on Small Business
and Entrepreneurship
_______________________________________________________________________
AN ACT
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.
Passed the House of Representatives April 26, 2022.
Attest:
CHERYL L. JOHNSON,
Clerk.