Library / Laws / 118th / s / S. 1896 / Introduced in Senate
II
118th CONGRESS
1st Session
S. 1896
IN THE SENATE OF THE UNITED STATES
June 8, 2023Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship
A BILL
To reauthorize the SCORE program, and for other purposes.
1.
Short title
This Act may be cited as the SCORE Act of 2023.
2.
Amendments to the SCORE program
(a)
In general
Section 8 of the Small Business Act (15 U.S.C. 637) is amended—
(1) in subsection (b)(1)—
(A) in subparagraph (A)(i)(II)(aa), by inserting with relevant knowledge of modern business practices after institutions; and
(B) in subparagraph (B)—
(i) by striking a Service Corps of Retired Executives (SCORE) and an Active Corps of Executive (ACE) and inserting a Supporting Coaching Opportunities for Resilient Entrepreneurs (SCORE) program; and
(ii) by striking SCORE may and inserting the SCORE Program may; and
(2) by striking subsection (c) and inserting the following:
(c)
SCORE program
(1)
Cooperative agreement
(A)
In general
Not later than 180 days after the date of enactment of the SCORE Act of 2023, the Administrator shall enter into a cooperative agreement with an organization described in subparagraph (B) to carry out the SCORE program, which shall provide business coaching to entrepreneurs seeking to form, grow, scale, or sell their small business concern.
(B)
Eligible organization
The awardee of the cooperative agreement under subparagraph (A) shall be an organization that—
(i) is well-equipped to provide fundamental, modern, and relevant business training and counseling to individuals in both rural and urban areas; and
(ii) shall be able to effectively reach underserved individuals while overseeing the volunteers participating in the SCORE program.
(C)
Recompete process
Not later than 5 years after the date on which the Administrator enters into a cooperative agreement under subparagraph (A), and every 5 years thereafter, the Administrator shall engage in a competitive bidding process to enter into a cooperative agreement with an organization described in subparagraph (B).
(2)
Administrator duties
The Administrator shall—
(A) assist the Office of Inspector General of the Administration in conducting their audit of the SCORE program that shall occur once every 3 years; and
(B) establish a process to certify eligible coaches under the SCORE program, which shall—
(i) ensure that the business investments, affiliations, or connections of a coach do not present a conflict of interest with any individual participant that the coach is actively coaching, as determined by the National Women’s Business Coaches; and
(ii) determine whether the individual applying to be a coach has—
(I) relevant knowledge of modern business practices, including accounting, marketing, and hiring personnel; and
(II) a general understanding of the opportunities for growth that the internet and e-commerce poses for owners of small business concerns.
(3)
SCORE Association duties
The SCORE Association shall—
(A) in addition to providing in-person services, maintain and expand online counseling services including webinars, electronic mentoring platforms, e-commerce, and online toolkits to further support entrepreneurs; and
(B) maintain and enforce requirements for volunteers participating in the SCORE program, including requirements that—
(i) each volunteer shall meet the performance standards established under subparagraph (C);
(ii) if a volunteer fails to meet performance standards, as evaluated through an annual review, the volunteer shall adhere to a performance improvement plan for the duration of 1 year; and
(iii) if the volunteer continues to fail to meet performance standards after conducting a year-long performance improvement plan described in clause (ii), the volunteer shall be terminated and dismissed from all participation in the SCORE program.
(4)
Joint duties
The Administrator, in consultation with the SCORE Association, shall ensure that the SCORE program and each chapter of the SCORE program—
(A) develop and implement plans and goals to effectively and efficiently provide services to individuals in rural areas, including plans for virtual and web-based initiatives, chapter expansion, partnerships, and the development of new skills by volunteers participating in the SCORE program;
(B) recruit diverse volunteers for the chapters of the SCORE program, in conjunction with the National Women’s Business Coaches; and
(C) establish performance standards for all coaches and employees of the SCORE program.
(5)
GAO study
Not later than 180 days after the date of enactment of the SCORE Act of 2023, the Comptroller General of the United States shall—
(A) conduct a study to identify how many SCORE program chapters are located in rural areas and understand how well the SCORE program is servicing rural areas;
(B) examine the efficacy of performance standards established under paragraph (3)(C); and
(C) 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 matters described in subparagraphs (A) and (B).
(6)
Reauthorization
The SCORE program shall sunset on the date that is 4 years after the date of enactment of the SCORE Act of 2023, and shall be subject to reauthorization thereafter.
.
(b)
Technical and conforming amendments
(1)
Small Business Act
The Small Business Act (15 U.S.C. 631 et seq.) is amended—
(A) 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 Supporting Coaching Opportunities for Resilient Entrepreneurs program described in section 8(c).
(2)
SCORE Association
The term SCORE Association means the Supporting Coaching Opportunities for Resilient Entrepreneurs 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.
;
(B) in section 7 (15 U.S.C. 636)—
(i) 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
(ii) in subsection (m)(3)(A)(i)(VIII), by striking Service Corps of Retired Executives and inserting SCORE program;
(C) 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
(D) in section 22 (15 U.S.C. 649)—
(i) 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
(ii) in subsection (c)(12), by striking Service Corps of Retired Executives authorized by section 8(b)(1) and inserting SCORE program.
(2)
Other laws
(A)
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)).
(B)
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—
(i) 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
(ii) in subsection (b), by striking SCORE each place the term appears and inserting the SCORE program.
(C)
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—
(i) 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
(ii) in section 201(c)(2)(B)(i), by striking Service Corps of Retired Executives and inserting SCORE program.
(D)
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—
(i) 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
(ii) in subsection (b)(4)(A)(iv), by striking Service Corps of Retired Executives and inserting SCORE program.
(E)
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 described in section 8(c) of the Small Business Act (15 U.S.C. 637(c)).
3.
Amendments to the National Women's Business Council
(a)
In general
Title IV of the Women's Business Ownership Act of 1988 (15 U.S.C. 7101 et seq.) is amended—
(1) in section 402(c) (15 U.S.C. 7102(c))—
(A) in the subsection heading, by striking Council and inserting NWBC; and
(B) by striking Council each place that term appears and inserting NWBC;
(2) in section 403 (15 U.S.C. 7103)—
(A) in subsection (a)(2)(B)—
(i) by striking Small Business; and
(ii) by striking National Women’s Business Council established under section 405 and inserting NWBC; and
(B) in subsection (b), by striking of the Small Business Administration;
(3) by striking sections 405, 406, and 407 (15 U.S.C. 7105, 7106, 7107) and inserting the following:
405.
Establishment of the National Women's Business Coaches
There is established a group to be known as the National Women's Business Coaches, which shall carry out the duties described in section 406 and be composed of the members and staff described in section 407.
406.
Duties of the NWBC
The NWBC shall—
(1) collaborate with the SCORE program described in section 8(c) of the Small Business Act (15 U.S.C. 637(c)) to pair women entrepreneurs with coaches under the SCORE program and other members of the NWBC;
(2) promote the online webinars and other tools and programs of the Administration and resource partners of the Administration for women entrepreneurs;
(3) develop workshops on—
(A) the opportunities of internet sales;
(B) e-commerce training, in particular how rural businesses can leverage online market platforms to grow their business;
(C) the different internet-based market platforms that are available to small business concerns;
(D) utilizing social media for marketing and hiring purposes; and
(E) how to grow and scale a small business through an increased online presence;
(4) serve as a resource and collaborate for the purposes of information sharing between women’s business centers described in section 29 of the Small Business Act (15 U.S.C. 656), small business development centers (as defined in section 3 of such Act (15 U.S.C. 632)), regional offices of the Administration, and Veteran Business Outreach Centers described in section 32 of such Act (15 U.S.C. 657b) for—
(A) best practices for recruiting coaches, mentors, and advisors for women entrepreneurs; and
(B) developing materials and programs for women entrepreneurs;
(5) promote participation in the SCORE program among aspiring and current entrepreneurs in need of guidance and business owners who are willing to provide coaching services to entrepreneurs;
(6) be responsible for conducting, managing, and overseeing a Coach Match Program under which NWBC members—
(A) pair individual SCORE program participants with SCORE program coaches that best fit the needs of the SCORE program participants through online and in-person events; or
(B) if preferable to the SCORE program participant, pair an individual SCORE program participant with another SCORE program participant as a peer-to-peer match;
(7) be responsible for recruiting other business leaders to join the SCORE program as coaches, in particular individuals with technical expertise in the fields of science, technology, engineering, and math and individuals who are well versed in utilizing social media as a business tool and who understand and are adept at navigating the internet commerce ecosystem; and
(8) report directly to the Administrator on a semi-annual basis on the activities of the Association, including, with respect to the Coach Match Program described in paragraph (6)—
(A) the number of matches made by the Association;
(B) the number of businesses served by the program;
(C) the number of SCORE program participants seeking to be matched, including women participants; and
(D) results from an annual survey sent to participants on the efficacy of the assistance provided by their coach.
407.
Membership and staff of the NWBC
(a)
In general
The NWBC shall be composed of 30 volunteer coaches, who shall—
(1) be women business leaders; and
(2) have a demonstrated track record of coaching and mentoring entrepreneurs on topics including forming, managing, growing, or selling a business.
(b)
Role of NWBC staff
(1)
Staff
Not more than 4 full-time employees shall support the duties of the NWBC, in particular the Coach Match Program described in section 406(6).
(2)
Applications
The full-time employees described in paragraph (1) shall review and accept applications submitted by women business leaders to serve as a coach described in subsection (a).
(3)
Nonpartisan
The full-time employees described in paragraph (1) shall prioritize selecting nonpartisan individuals to serve as coaches of the NWBC.
(c)
Duration
Each coach of the NWBC shall serve for a period of 3 years, which may be renewed after submitting a new application for review by the full-time employees described in subsection (b)(1).
;
(4) in section 408 (15 U.S.C. 7108)—
(A) by striking paragraph (4);
(B) by redesignating paragraph (5) as paragraph (4); and
(C) by inserting after paragraph (4), as so redesignated, the following:
(5) the term NWBC means the National Women’s Business Coaches established under section 405;
;
(5) by striking section 409 (15 U.S.C. 7109);
(6) by redesignating section 410 (15 U.S.C. 7110) as section 409; and
(7) in section 409, as so redesignated, by striking Council each place that term appears and inserting NWBC.
(b)
Technical and conforming amendments
Section 29(g)(2)(B)(ii) of the Small Business Act (15 U.S.C. 656(g)(2)(B)(ii)) is amended—
(1) in subclause (IX), by striking Council and inserting Coaches; and
(2) in subclause (X), by striking Women's Business Council and inserting National Women's Business Coaches.
4.
Amendments to the Interagency Committee on Women's Business Enterprise
Title IV of the Women's Business Ownership Act of 1988 (15 U.S.C. 7101 et seq.) is amended—
(1) in section 402 (15 U.S.C. 7102)—
(A) in subsection (a)—
(i) by striking paragraphs (2) and (5);
(ii) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and
(iii) by adding at the end the following:
(4) advise Congress and the President on the challenges facing the formation of businesses owned and controlled by women and best practices for facilitating the growth and development of women's business enterprises.
;
(B) in subsection (b)—
(i) by striking The Interagency and inserting the following:
(1)
In general
The Interagency
;
(ii) by striking A majority and inserting the following:
(2)
Quorum
A majority
; and
(iii) by adding at the end the following:
(3)
Additional procedures relating to meetings
(A)
Open to public
Each meetings of the Interagency Committee shall be open to the public.
(B)
Notice of meetings
Timely notice of each meeting of the Interagency Committee shall be published in the Federal Register, and the Administrator shall prescribe regulations to provide for other types of public notice to insure that all interested persons are notified of each meeting in advance.
(C)
Participation
Interested persons shall be permitted to attend any meeting of the Interagency Committee and appear before or file statements with the Interagency Committee, subject to such reasonable rules or regulations as the Administrator may prescribe.
(D)
Public inspection and copying of records
Subject to section 552 of title 5, United States Code, the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by the Interagency Committee shall be available for public inspection and copying at a single location in the office of the Interagency Committee or the Administration until the Interagency Committee ceases to exist.
(E)
Minutes
Detailed minutes of each meeting of the Interagency Committee shall be—
(i) kept and shall contain a record of the persons present, a complete and accurate description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the Interagency Committee; and
(ii) certified for accuracy by the chairperson of the Interagency Committee.
(F)
Closed sessions
(i)
In general
Subparagraphs (A) and (C) shall not apply to any portion of a meeting of the Interagency Committee for which the Administrator determines that such portion of the meeting may be closed to the public in accordance with section 552b(c) of title 5, United States Code.
(ii)
Form
Any determination made under clause (i) shall—
(I) be in writing; and
(II) contain the reasons for the determination.
(iii)
Report
If a determination is made under clause (i), the Interagency Committee shall issue a report, not less frequently than annually, setting forth a summary of the activities of the Interagency Committee and such related matters as would be informative to the public consistent with the policy of section 552(b) of title 5, United States Code.
(G)
Designated officer or employee of Federal Government
(i)
In general
There shall be designated an officer or employee of the Federal Government to chair or attend each meeting of the Interagency Committee, who shall be authorized, whenever the officer or employee determines it to be in the public interest, to adjourn any such meeting.
(ii)
Prohibition
The Interagency Committee shall not conduct any meeting in the absence of the designated officer or employee of the Federal Government described in clause (i).
; and
(C) by adding at the end the following:
(d)
Information from resource partners
The SCORE program described in section 8(c) of the Small Business Act (15 U.S.C. 637(c)), women's business centers described in section 29 of such Act (15 U.S.C. 656), small business development centers (as defined in section 3 of the Small Business Act (15 U.S.C. 632)), and State and local resource partners of the Administration shall annually submit to the Interagency Committee, the Administration, Congress, and the President findings related to women's business ownership and challenges forming, operating, and growing their business.
;
(2) in section 403(15 U.S.C. 7103)—
(A) in subsection (a)(2)(A), by striking Small Business Administration Reauthorization Act of 1997 and inserting SCORE Act of 2023; and
(B) in subsection (b)—
(i) by striking Not later than 45 days after enactment of the Small Business Administration Reauthorization Act of 1997 and inserting the following:
(1)
In general
Not later than 45 days after the date of enactment of the SCORE Act of 2023
; and
(ii) by adding at the end the following:
(2)
Vacancy
In the event that a chairperson is not appointed within the time frame required under paragraph (1), the Deputy Administrator of the Administration shall serve as acting chairperson of the Interagency Committee until a chairperson is appointed under paragraph (1).
; and
(3) in section 404 (15 U.S.C. 1704), by striking September 30, 1995 and inserting 1 year after the date of enactment of the SCORE Act of 2023.