[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9433 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 9433

To provide for the establishment of a Commission on the Advancement of 
               Social Enterprise, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 6, 2022

Mr. Cicilline introduced the following bill; which was referred to the 
                   Committee on Oversight and Reform

_______________________________________________________________________

                                 A BILL


 
To provide for the establishment of a Commission on the Advancement of 
               Social Enterprise, 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 ``Social Enterprise Ecosystem and 
Economic Development Commission Act of 2022'' or as the ``SEEED 
Commission Act of 2022''.

SEC. 2. COMMISSION ON THE ADVANCEMENT OF SOCIAL ENTERPRISE.

    (a) Establishment.--There is established a commission to be known 
as the Commission on the Advancement of Social Enterprise (referred to 
in this section as the ``Commission'').
    (b) Federal Advisory Committee Act.--The Federal Advisory Committee 
Act (5 U.S.C. App.) does not apply to the Commission.
    (c) Members.--The members of the Commission shall be each of the 
following or their designees:
            (1) The Administrator of the Small Business Administration.
            (2) The Administrator of the Economic Development 
        Administration.
            (3) The Assistant to the President for Domestic Policy.
            (4) The Commissioner of Internal Revenue.
            (5) The Secretary of Labor.
            (6) The Director of the National Economic Council.
            (7) The Chair of the Council of Economic Advisors.
            (8) The Secretary of the Treasury.
            (9) The Secretary of Commerce.
            (10) The Secretary of Housing and Urban Development.
            (11) The Chair of the Securities and Exchange Commission.
    (d) Operation.--
            (1) Chair.--The Director of the Domestic Policy Council 
        shall serve as the Chair of the Commission.
            (2) Meetings.--
                    (A) In general.--The Commission shall meet at the 
                call of the Chair.
                    (B) Initial meeting.--The initial meeting shall 
                take place not later than 30 days after the date of the 
                enactment of this Act.
            (3) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
            (4) Rules.--The Commission may establish, by majority vote, 
        any rules for the conduct of Commission business, in accordance 
        with this Act and other applicable law.
    (e) Duties.--
            (1) In general.--The Commission shall examine and make 
        recommendations with respect to ways the Federal Government can 
        support and utilize the transformative power of social 
        enterprises.
            (2) Defining social enterprise.--Not later than 1 year 
        after the initial meeting of the Commission, the Commission 
        shall establish criteria for identifying social enterprises, 
        which may include nonprofit and for-profit organizations, for 
        purposes of Federal programs. The Commission shall consider 
        research and scholarship on social enterprise and the input of 
        practitioners and policy experts within the social enterprise 
        field.
            (3) Study activities.--
                    (A) In general.--The Commission shall identify 
                opportunities for the Federal Government to more 
                effectively engage social enterprises in creating jobs 
                and strengthening local economies while achieving 
                optimal outcomes in addressing policy challenges at the 
                national, State, and local level. The Commission shall 
                receive and consider reports and testimony from 
                individuals, government departments, State and local 
                elected officials, community-based organizations, 
                nonprofit organizations, faith-based organizations, 
                foundations, and other public and private organizations 
                statewide and of national significance on the 
                following:
                            (i) How social enterprise can accelerate 
                        progress on social and environmental issues.
                            (ii) How social enterprises work in a 
                        cross-sector manner.
                            (iii) How social enterprise can advance 
                        social and economic development goals.
                    (B) Areas of study and recommendation.--The areas 
                studied and potential recommendations offered by the 
                Commission under this paragraph shall include the 
                following:
                            (i) The role of social enterprises in the 
                        United States economy.
                            (ii) The role of social enterprises in 
                        addressing economic, social, and environmental 
                        policy challenges across all levels of 
                        government.
                            (iii) The role of social enterprises as 
                        community support and development entities.
                            (iv) A statistical and qualitative 
                        examination of social enterprise within the 
                        United States and the contribution of social 
                        enterprise to the social and economic 
                        development of the United States.
                            (v) Means through which the Federal 
                        Government can assist in enhancing the capacity 
                        of social enterprises.
                            (vi) Corporate legal structures that foster 
                        or impede the development of social enterprises 
                        or the ability of organizations that are not 
                        social enterprises to partner with social 
                        enterprises.
                            (vii) How to reform the Internal Revenue 
                        Code of 1986 to reduce obstacles that social 
                        enterprises face when addressing social issues 
                        and creating economic value through innovative 
                        methods.
                            (viii) How to encourage impact investing, 
                        including reforming Federal securities laws and 
                        fiduciary duty for financial relationships.
                            (ix) How to use financial tools, financial 
                        instruments, and financial institutions to 
                        promote the development and growth of social 
                        enterprise.
                            (x) How the Federal Government can make use 
                        of community development financial institutions 
                        programs to benefit social enterprises.
                            (xi) How various sectors (including 
                        philanthropic, for-profit, and nonprofit 
                        sectors) and levels of government interact with 
                        social enterprises.
                            (xii) Review of the process through which 
                        social enterprises (for-profit and nonprofit 
                        organizations) obtain Federal loans, grants, 
                        and contracts and offer recommendations for 
                        improving these processes in light of the 
                        special needs and contributions of social 
                        enterprises.
                            (xiii) Review of the process, policies, and 
                        procedures through which social enterprises 
                        (for-profit and nonprofit organizations) access 
                        Federal contracting opportunities and offer 
                        recommendations for improving the access of 
                        social enterprises to such opportunities.
                            (xiv) How the Federal Government can play a 
                        role in developing a purchasing directory of 
                        social enterprises within the United States 
                        that can be supported by citizens, businesses, 
                        and government.
                            (xv) Opportunities for the Federal 
                        Government to develop and expand research and 
                        the collection and analysis of longitudinal 
                        data on social enterprises.
                            (xvi) Barriers to social enterprise growth.
                            (xvii) Opportunities for the development of 
                        an entity or initiative to support 
                        intermediaries that will promote and invest in 
                        social enterprise.
                            (xviii) Identification of the appropriate 
                        entity within the Federal Government--
                                    (I) to prepare and submit to 
                                Congress an annual report on the impact 
                                of social enterprises in the United 
                                States and the extent to which the 
                                Federal Government interacts with, 
                                supports, and invests in social 
                                enterprises; and
                                    (II) where appropriate, to monitor 
                                and update the areas of study listed in 
                                this subparagraph.
                            (xix) Barriers that prevent corporations or 
                        organizations that are not social enterprises 
                        from operating like social enterprises and what 
                        incentives or structures would encourage them 
                        to operate more like social enterprises.
    (f) Powers of the Commission.--
            (1) Hearings.--The Commission may hold such hearings and 
        collect such information as appropriate for carrying out this 
        section.
            (2) Information.--Except as otherwise prohibited by law, 
        the Commission may secure directly from any agency information 
        the Commission considers necessary to carry out this section. 
        Upon the request of the Commission, the head of the agency 
        shall furnish information requested under this paragraph to the 
        Commission.
            (3) Contract authority.--The Commission may enter into 
        contracts for research to inform the deliberations of the 
        Commission.
            (4) Mails.--The Commission may use the United States mails 
        in the same manner and under the same conditions as other 
        agencies.
            (5) Advisory council.--The Commission may establish an 
        advisory council of relevant nonprofit organizations and for-
        profit organizations.
    (g) Commission Personnel Matters.--
            (1) Detail of federal employees.--On the affirmative vote 
        of \2/3\ of the members of the Commission and the approval of 
        the appropriate head of the agency, an employee of the Federal 
        Government at GS-13 level or higher may be detailed to the 
        Commission without reimbursement, and such detail shall be 
        without interruption or loss of civil service status, benefits, 
        or privileges.
            (2) Staff.--
                    (A) In general.--
                            (i) Appointment and compensation.--The 
                        Chair of the Commission, in accordance with 
                        rules agreed upon by the Commission, may 
                        appoint and fix the compensation of a staff 
                        director and such other personnel as may be 
                        necessary to enable the Commission to carry out 
                        its functions, without regard to the provisions 
                        of title 5, United States Code, governing 
                        appointments in the competitive service, and 
                        without regard to the provisions of chapter 51 
                        and subchapter III of chapter 53 of such title 
                        relating to classification and General Schedule 
                        pay rates, except that no rate of pay fixed 
                        under this subsection may exceed the equivalent 
                        of that payable for a position at Level V of 
                        the Executive Schedule under section 5316 of 
                        title 5, United States Code.
                            (ii) Personnel as federal employees.--
                                    (I) In general.--Any personnel of 
                                the Commission who are employees shall 
                                be employees under section 2105 of 
                                title 5, United States Code, for 
                                purposes of chapters 63, 81, 83, 84, 
                                85, 87, 89, and 90 of that title.
                                    (II) Members of the commission.--
                                Subparagraph (I) shall not be construed 
                                to apply to members of the Commission.
                    (B) Volunteer services.--Notwithstanding section 
                1342 of title 31, United States Code, the Commission 
                may accept and use voluntary and uncompensated services 
                as the Commission determines necessary.
    (h) Contracts for Research.--
            (1) Researchers and experts.--On an affirmative vote of \2/
        3\ of the members of the Commission, the Commission may select 
        nongovernmental researchers and experts to assist the 
        Commission in carrying out the duties of the Commission under 
        this section.
            (2) Other organizations.--Nothing in this subsection limits 
        the ability of the Commission to enter into contracts with any 
        other entity or organization to carry out research necessary to 
        carry out the duties of the Commission under this section.
    (i) Report.--Not later than 1 year after the Commission establishes 
criteria by which to identify social enterprise, the Commission shall 
submit to the President and Congress a report on the findings, 
conclusions, and recommendations of the Commission. The report shall 
identify the Federal programs recommended and shall include--
            (1) reports on all matters described in subsection (e); and
            (2) how existing Federal Government programs can be 
        expanded to take advantage of the social and economic benefits 
        of social enterprises.
    (j) Termination.--The Commission shall terminate 90 days after the 
date on which the Commission submits the report of the Commission under 
subsection (i).
    (k) Definitions.--In this section:
            (1) Agency.--The term agency has the meaning given that 
        term in section 551 of title 5, United States Code.
            (2) Impact investing.--The term ``impact investing'' means 
        investing made with the intention to generate positive, 
        measurable, social, and environmental impact alongside a 
        financial return.
            (3) Nonprofit organization.--The term ``nonprofit 
        organization'' means an organization described in section 
        501(c)(3) of the Internal Revenue Code of 1986 and exempt from 
        taxation under section 501(a) of such Code.
    (l) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission such funds as are necessary to carry out 
its duties under this section. Such funds shall remain available until 
the date on which the Commission terminates pursuant to subjection (j).
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