[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1744 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1744
To amend the Small Business Act to reauthorize the SCORE program, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Coons (for himself, Mr. Cardin, and Mr. Markey) introduced the
following bill; which was read twice and referred to the Committee on
Small Business and Entrepreneurship
_______________________________________________________________________
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
2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administration; administrator.--The terms
``Administration'' and ``Administrator'' mean the Small
Business Administration and the Administrator thereof,
respectively.
(2) SCORE association; score program.--The terms ``SCORE
Association'' and ``SCORE program'' have the meanings given
those terms in subsection (gg) of section 3 of the Small
Business Act (15 U.S.C. 632), as added by section 6 of this
Act.
(3) Small business concern.--The term ``small business
concern'' has the meaning given the term in section 3 of the
Small Business Act (15 U.S.C. 632).
SEC. 3. 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''; and
(B) by striking ``SCORE may'' and inserting ``the
SCORE Association may''; and
(2) by striking subsection (c) and inserting the following:
``(c) SCORE Program.--
``(1) 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 those contracts; and
``(iv) not later than 30 days after the
receipt of a quarterly report on the
achievements of the SCORE program submitted by
the SCORE Association, reconcile differences
between that 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 the annual training is
completed;
``(iv) maintain separation of 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 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.
``(2) 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.
``(3) 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 (1); 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.
``(4) Compensation.--The SCORE Association shall--
``(A) maintain a documented compensation policy
that--
``(i) specifies the maximum rate of pay
allowable for any individual in the SCORE
Association;
``(ii) specifies the maximum percent of the
aggregate salaries of employees of the SCORE
Association that may be spent on individual
performance awards to employees of the SCORE
Association; and
``(iii) shall be reviewed annually by the
SCORE Association and the Administrator;
``(B) prohibit payment of salaries or performance
awards that exceed the limits set by the SCORE
Association compensation policy; and
``(C) prohibit members of the Board of Directors of
the SCORE Association or any employees of the SCORE
Association from simultaneously serving on the Board of
Directors of, or receiving compensation from, the SCORE
Foundation without written approval from the
Administrator.
``(5) 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
protections 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 subparagraph
(A) and encourage the use of the hotline established by
the Office of the Inspector General of the
Administration to submit whistleblower reports.
``(6) Published materials.--The SCORE Association shall
ensure all published materials include written acknowledgment
of Administration support of the SCORE program if those
materials are paid for in whole or in part by Federal funds.
``(7) Privacy requirements.--
``(A) In general.--Neither the Administrator nor
the SCORE Association may disclose the name, email
address, address, or telephone number of any individual
or small business concern receiving assistance from the
SCORE Association without the consent of the individual
or small business concern, unless--
``(i) the Administrator is ordered to make
a disclosure by a court in any civil or
criminal enforcement action initiated by a
Federal or State agency; or
``(ii) the Administrator determines that 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 opportunity for notice and comment,
establish standards for--
``(I) disclosures with respect to
financial audits described in
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.
``(8) Annual report.--Not later than 180 days after the
date of enactment of the SCORE for Small Business Act of 2023
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 those 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 total number of hours of counseling or
training provided under the SCORE program;
``(C) the total number of local workshops provided
under the SCORE program;
``(D) the total number of clients attending local
workshops provided under the SCORE program;
``(E) to the extent practicable, the demographics
of SCORE program clients and volunteers, which may
include the gender, race, ethnicity, and age of each
client or volunteer;
``(F) the number of SCORE program clients and
volunteers who are veterans;
``(G) the number of referrals of SCORE program
clients to other resources and programs of the
Administration;
``(H) the results of SCORE program client
satisfactory surveys, including a summary of any
comments received from those clients;
``(I) the number of new businesses started by SCORE
program clients;
``(J) the percentage of new revenue growth
realizing by businesses assisted by the SCORE program;
``(K) to the extent practicable, the number of jobs
created with assistance from the SCORE program;
``(L) the total cost of the SCORE program;
``(M) any recommendations of the Administrator to
improve the SCORE program;
``(N) an explanation of how the SCORE program has
been integrated with--
``(i) small business development centers;
``(ii) women's business centers described
in section 29;
``(iii) Veteran Business Outreach Centers
described in section 32;
``(iv) other offices of the Administration;
and
``(v) other public and private entities
engaging in entrepreneurial and small business
development;
``(O) the SCORE compensation policy for the
relevant fiscal year, including--
``(i) a list of any changes to the
compensation policy since the previous fiscal
year; and
``(ii) justification if the maximum rate of
pay allowable for any individual in the SCORE
Association exceeds the maximum rate of pay
allowable for an individual in the career
Senior Executive Service employed at the
Administration;
``(P) the names, positions, and salaries of any
employees of the SCORE Association whose salaries
exceed the maximum rate of pay allowable per the SCORE
compensation policy;
``(Q) the percent of the aggregate salaries of
employees of the SCORE Association spent on individual
performance awards to employees of the SCORE
Association, with a justification if this amount
exceeds 10 percent;
``(R) the total amount of performance awards that
have been disbursed or will be disbursed after the last
day of the fiscal year in which the awards were earned
and a justification for any awards that have been
disbursed or will be disbursed outside the fiscal year
in which the awards were earned; and
``(S) the names, positions, and salaries of any
members of the Board of Directors of the SCORE
Association or any employees of the SCORE Association
that simultaneously serve on the Board of Directors of,
or receive compensation from, the SCORE Foundation
without written approval of the Administrator.''.
SEC. 4. 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:
``(i) SCORE Program.--There are authorized to be appropriated to
the Administrator to carry out the SCORE program such sums as are
necessary for the Administrator to make grants or enter into
cooperative agreements in a total amount that does not exceed
$18,000,000 in each of fiscal years 2024 and 2025.''.
SEC. 5. 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 enactment of this Act, with specific objectives for the
first, third, and fifth years of the 5-year period.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the SCORE Association 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 containing--
(A) all findings and determinations 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 enactment of this Act, 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 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 enactment
of this Act, the SCORE Association 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
effectiveness of the online counseling services required under
paragraph (2) of section 8(c) of the Small Business Act (15 U.S.C.
637(c)), as added by section 3 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 those online
counseling services.
SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Small Business Act.--The Small Business Act (15 U.S.C. 631 et
seq.) is amended--
(1) in section 3 (15 U.S.C. 632), by adding at the end the
following:
``(gg) SCORE Program Definitions.--In this Act:
``(1) SCORE program.--The term `SCORE program' means the
Service Corps of Retired Executives program described in
section 8(c).
``(2) 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 described in section 8(c)(1) with the
Administrator to operate the SCORE program.
``(3) SCORE foundation.--The term `SCORE Foundation' means
an organization with a mission to support the SCORE Association
and volunteers of the SCORE program.'';
(2) in section 7 (15 U.S.C. 636)--
(A) in subsection (b)(12)--
(i) in the paragraph heading, by striking
``score'' and inserting ``SCORE program''; 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'';
(3) in section 20(d)(1)(E) (15 U.S.C. 631 note), by
striking ``Service Corps of Retired Executives program'' and
inserting ``SCORE program''; and
(4) in section 22 (15 U.S.C. 649)--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``Service
Corps of Retired Executives authorized by
section (8)(b)(1)'' 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 authorized by section
8(b)(1)'' 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 described in section 8(c) of the Small Business Act (15
U.S.C. 637(c))''.
(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--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1),
by striking ``Service Core of Retired
Executives (described in section 8(b)(1)(B) of
the Small Business Act (15 U.S.C. 637(b)(1)(B))
and in this section referred to as `SCORE')''
and inserting ``SCORE program described in
section 8(c) of the Small Business Act (15
U.S.C. 637(c)) (in this section referred to as
the `SCORE program')'';
(ii) in paragraphs (1), (2), and (3), by
striking ``SCORE'' each place the term appears
and inserting ``the SCORE program''; and
(iii) in paragraph (2), by striking ``the''
before ``establishing''; and
(B) in subsection (b), by striking ``SCORE'' each
place the term appears and inserting ``the SCORE
program''.
(3) Military reservist and veteran small business
reauthorization and opportunity act of 2008.--The Military
Reservist and Veteran Small Business Reauthorization and
Opportunity Act of 2008 (15 U.S.C. 636 note) is amended--
(A) in section 3, by striking paragraph (5) and
inserting the following:
``(5) the term `SCORE program' means the SCORE program
described in section 8(c) of the Small Business Act (15 U.S.C.
637(c));''; and
(B) in section 201(c)(2)(B)(i), by striking
``Service Corps of Retired Executives'' and inserting
``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
described in section 8(c) of the Small Business Act (15 U.S.C.
637(c));''; 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''.
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