[Congressional Record Volume 145, Number 75 (Monday, May 24, 1999)]
[Senate]
[Pages S5863-S5866]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BOND:
  S. 1111. A bill to provide continuing authorization for a National 
Conference on Small Business, and for other purposes; to the Committee 
on Small Business.


               national conference on small business act

  Mr. BOND. Mr. President, it is with great pleasure that I am 
introducing the ``National Conference on Small Business Act.'' This 
bill is designed to create a permanent independent commission that will 
carry-on the extraordinary work that has been accomplished by three 
White House Conferences on Small Business.
  For the past 15 years, small businesses have been the fastest growing 
sector of the U.S. economy. When large businesses were restructuring 
and laying off significant numbers of workers, small businesses not 
only filled the gap, but their growth actually caused a net increase in 
new jobs. Today, small businesses employ 55% of all workers in the 
United States and they generate 50% of the gross domestic product. Were 
it not for small businesses, our country could not have experienced the 
sustained economic upsurge that has been ongoing since 1992.
  Because small businesses play such a significant role in our economy, 
in both rural towns and bustling inner cities, I believe it is 
important that the Federal government sponsor a national conference 
every four years to highlight the successes of small businesses and to 
focus national attention on the problems that may be hindering the 
ability of small businesses to start up and grow.
  Small business ownership is, has been, and will continue to be the 
dream of millions of Americans. Countries from all over the world send 
delegations to the United States to study why our system of small 
business ownership is so successful, all the while looking for a way to 
duplicate our success in their countries. Because we see and experience 
the successes of small businesses on a daily basis, it is easy to lose 
sight of the very special thing we have going for us in the United 
States--where each of us can have the opportunity to own and run our 
own business.
  The ``National Conference on Small Business Act'' is designed to 
capture and focus our attention on small business every four years. In 
this way, we

[[Page S5864]]

will take the opportunity to study what is happening throughout the 
United States to small businesses. In one sense, the bill is designed 
to put small business on a pinnacle so we can appreciate what they have 
accomplished. At the same time, and just as important, every four years 
we will have an opportunity to learn from small businesses in each 
state what is not going well for them--such as, actions by the Federal 
government that hinder small business growth or state and local 
regulations that are a deterrent to starting a business.
  My bill creates an independent, bipartisan National Commission on 
Small Business, which will be made up of 8 small business advocates and 
the Small Business Administration's Chief Counsel for Advocacy. Every 
four years, during the first year following a presidential election, 
the President will name two National Commissioners. In the U.S. Senate 
and the House of Representatives, the Majority Leader of each body will 
name two National Commissioners and the Minority Leaders will each name 
one.
  Widespread participation from small businesses in each state will 
contribute to the work leading up to the National Conference. Under 
the bill, the National Conference will take place one year after the 
National Commissioners are appointed. The first act of the 
Commissioners will be to request that each Governor and each U.S. 
Senator name a small business delegate and alternate delegate from 
their respective states to the National Convention. Each U.S. 
Representative will name a small business delegate and alternative from 
his or her Congressional district. And the President will name a 
delegate and alternate from each state.

  The small business delegates will play a major role leading up to the 
National Conference on Small Business. There will be at least one 
meeting of the delegates at their respective State Conferences. We will 
be looking to the small business delegates to develop and highlight 
issues of critical concern to small businesses. The work at the state 
level by the small business delegates will need to be thorough and 
thoughtful to make the National Conference a success.
  My goal will be for the small business delegates to think broadly, 
that is, to think ``out of the box.'' Their attention should include 
but not be restricted to the traditional issues associated with small 
business concerns, such as access to capital, tax reform and regulatory 
reform. In my role as Chairman of the Committee on Small Business, I 
will urge the delegates to focus on a wide array of issues that impact 
significantly on small businesses, including the importance of a solid 
education and the need for skilled, trained workers.
  Once the small business delegates are selected, the National 
Commission on Small Business will serve as a resource to the delegates 
for issue development and for planning the State Conferences. The 
National Commission will have a modest staff, including an Executive 
Director, that will work full time to make the State and National 
Conferences successes. A major resource to the National Commission and 
its staff will be the Chief Counsel for Advocacy from SBA. The Chief 
Counsel and the Office of Advocacy will serve as a major resource to 
the National Commission, and in turn, to the small business delegates, 
by providing them with both substantive background information and 
other administrative materials in support of the State and National 
Conferences.
  Mr. President, small businesses generally do not have the resources 
to maintain full time representatives to lobby our Federal government. 
They are too busy running their businesses to devote much attention to 
educating government officials as to what is going well, what is going 
poorly, and what needs improvement for the small business community. 
The National Conference on Small Business will give small businesses an 
opportunity every four years to make its mark on the Congress and the 
Executive Branch. I urge each of my colleagues to review this proposal, 
and I hope they will agree to join me as cosponsors of the ``National 
Conference on Small Business Act.''
  I ask unanimous consent that the full text of the bill and the 
section-by-section analysis be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

       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 ``National Conference on Small 
     Business Act''.

     SEC. 2. DEFINITIONS.

       In this Act--
       (1) the term ``Administrator'' means the Administrator of 
     the Small Business Administration;
       (2) the term ``Chief Counsel'' means the Chief Counsel for 
     Advocacy of the Small Business Administration;
       (3) the term ``National Commission'' means the National 
     Commission on Small Business established under section 6;
       (4) the term ``National Conference''--
       (A) means the National Conference on Small Business 
     conducted under section 3(a); and
       (B) includes the last White House Conference on Small 
     Business occurring before 2002;
       (5) the term ``small business'' has the meaning given the 
     term ``small business concern'' under section 3 of the Small 
     Business Act;
       (6) the term ``State'' means any of the 50 States of the 
     United States; and
       (7) the term ``State Conference'' means a State Conference 
     on Small Business conducted under section 3(b).

     SEC. 3. NATIONAL AND STATE CONFERENCES ON SMALL BUSINESS.

       (a) National Conferences.--There shall be a National 
     Conference on Small Business once every 4 years, to be held 
     during the second year following each Presidential election, 
     to carry out the purposes specified in section 4.
       (b) State Conferences.--Each National Conference referred 
     to in subsection (a) shall be preceded by a State Conference 
     on Small Business, with not fewer than 1 such conference held 
     in each State, and with not fewer than 2 such conferences 
     held in any State having a population of more than 
     10,000,000.

     SEC. 4. PURPOSES OF NATIONAL CONFERENCES.

       The purposes of each National Conference shall be--
       (1) to increase public awareness of the contribution of 
     small business to the Nation's economy;
       (2) to identify the problems of small business;
       (3) to examine the status of minorities and women as small 
     business owners;
       (4) to assist small business in carrying out its role as 
     the Nation's job creator;
       (5) to assemble small businesses to develop such specific 
     and comprehensive recommendations for legislative and 
     regulatory action as may be appropriate for maintaining and 
     encouraging the economic viability of small business and 
     thereby, the Nation; and
       (6) to review the status of recommendations adopted at the 
     immediately preceding National Conference on Small Business.

     SEC. 5. CONFERENCE PARTICIPANTS.

       (a) In General.--To carry out the purposes specified in 
     section 4, the National Commission shall conduct National and 
     State Conferences to bring together individuals concerned 
     with issues relating to small business.
       (b) Conference Delegates.--
       (1) Appointments.--Only individuals who are owners or 
     officers of a small business shall be eligible for 
     appointment as delegates (or alternates) to the National and 
     State Conferences pursuant to this subsection, and such 
     appointments shall consist of--
       (A) 1 delegate (and 1 alternate) appointed by each Governor 
     of each State;
       (B) 1 delegate (and 1 alternate) appointed by each Member 
     of the House of Representatives, from the congressional 
     district of that Member;
       (C) 1 delegate (and 1 alternate) appointed by each Member 
     of the Senate from the home State of that Member; and
       (D) 50 delegates (and 50 alternates) appointed by the 
     President, 1 from each State.
       (2) Powers and duties.--Delegates to each National 
     Conference--
       (A) shall attend the State conferences in his or her 
     respective State;
       (B) shall conduct meetings and other activities at the 
     State level before the date of the National Conference, 
     subject to the approval of the National Commission; and
       (C) shall direct such State level conferences, meetings, 
     and activities toward the consideration of the purposes of 
     the National Conference specified in section 4, in order to 
     prepare for the next National Conference.
       (3) Alternates.--Alternates shall serve during the absence 
     or unavailability of the delegate.
       (c) Role of the Chief Counsel.--The Chief Counsel for 
     Advocacy of the Small Business Administration shall, after 
     consultation and in coordination with the National 
     Commission, assist in carrying out the National and State 
     Conferences required by this Act by--
       (1) preparing and providing background information and 
     administrative materials for use by participants in the 
     conferences;
       (2) distributing issue information and administrative 
     communications, electronically where possible through an 
     Internet web site and e-mail, and in printed form if 
     requested; and
       (3) maintaining an Internet site and regular e-mail 
     communications after each National Conference to inform 
     delegates and

[[Page S5865]]

     the public of the status of recommendations and related 
     governmental activity.
       (d) Expenses.--Each delegate (and alternate) to each 
     National and State Conference shall be responsible for his or 
     her expenses related to attending the conferences, and shall 
     not be reimbursed either from funds appropriated pursuant to 
     this section or the Small Business Act.
       (e) Advisory Committee.--
       (1) In general.--The National Commission shall appoint a 
     Conference Advisory Committee consisting of 10 individuals 
     who were participants at the last preceding National 
     Conference.
       (2) Preference.--Preference for appointment under this 
     subsection shall be given to those who have been active 
     participants in the implementation process following the 
     prior National Conference.
       (f) Public Participation.--National and State Conferences 
     shall be open to the public, and no fee or charge may be 
     imposed on such attendee, other than an amount necessary to 
     cover the cost of any meal provided, plus a registration fee 
     to defray the expense of meeting rooms and materials of not 
     to exceed $15 per person.

     SEC. 6. NATIONAL COMMISSION ON SMALL BUSINESS.

       (a) Establishment.--There is established the National 
     Commission on Small Business.
       (b) Membership.--
       (1) Appointment.--The National Commission shall be composed 
     of 9 members, including--
       (A) the Chief Counsel for Advocacy of the Small Business 
     Administration;
       (B) 2 members appointed by the President;
       (C) 2 members appointed by the majority leader of the 
     Senate;
       (D) 1 member appointed by the minority leader of the 
     Senate;
       (E) 2 members appointed by the majority leader of the House 
     of Representatives; and
       (F) 1 member appointed by the minority leader of the House 
     of Representatives.
       (2) Selection.--Members of the National Commission shall be 
     selected among distinguished individuals noted for their 
     knowledge and experience in fields relevant to the issue of 
     small business and the purposes of this Act.
       (3) Time of appointment.--The appointments required by 
     paragraph (1) shall be made 1 year before the opening date of 
     each National Conference, and shall expire 9 months after the 
     date on which each National Conference is convened.
       (c) Election of Chairperson.--At the first meeting of each 
     National Commission, a majority of the members of the 
     National Commission present and voting shall elect the 
     Chairperson of the National Commission.
       (d) Powers and Duties of Commission.--The National 
     Commission--
       (1) may enter into contracts with public agencies, private 
     organizations, and academic institutions to carry out this 
     Act;
       (2) shall consult, coordinate, and contract with an 
     independent, nonpartisan organization that--
       (A) has both substantive and logistical experience in 
     developing and organizing conferences and forums throughout 
     the Nation with elected officials and other government and 
     business leaders;
       (B) has experience in generating private resource from 
     multiple States in the form of event sponsorships; and
       (C) can demonstrate evidence of a working relationship with 
     Members of Congress from the majority and minority parties, 
     and at least 1 Federal agency; and
       (3) shall prescribe such financial controls and accounting 
     procedures as needed for the handling of funds from fees and 
     charges and the payment of authorized meal, facility, travel, 
     and other related expenses.
       (e) Planning and Administration of Conferences.--In 
     carrying out the National and State Conferences required by 
     this Act, the National Commission shall consult with the 
     Office of Advocacy of the Small Business Administration, the 
     Congress, and such other Federal agencies as it deems 
     appropriate.
       (f) Reports Required.--Not later than 6 months after the 
     date on which each National Conference is convened, the 
     National Commission shall submit to the President and to the 
     chairpersons and ranking minority Members of the Committees 
     on Small Business of the Senate and the House of 
     Representatives a final report, which shall--
       (1) include the findings and recommendations of the 
     National Conference and any proposals for legislative action 
     necessary to implement those recommendations; and
       (2) be made available to the public.
       (g) Quorum.--4 voting members of the National Commission 
     shall constitute a quorum for purposes of transacting 
     business.
       (h) Meetings.--The National Commission shall meet not later 
     than 20 calendar days after the appointment of all members, 
     and at least every 30 calendar days thereafter.
       (i) Vacancies.--Any vacancy of the National Commission 
     shall not affect its powers, but shall be filled in the 
     manner in which the original appointment was made.
       (j) Executive Director and Staff.--The National Commission 
     may appoint and compensate an Executive Director and such 
     other personnel to conduct the National and State Conferences 
     as it may deem advisable, without regard to title 5, United 
     States Code, governing appointments in the competitive 
     service, and without regard to chapter 51 and subchapter III 
     of chapter 53 of such title, relating to classification and 
     General Schedule pay rates, except that the rate of pay for 
     the Executive Director and other personnel may not exceed the 
     rate payable for level V of the Executive Schedule under 
     section 5316 of such title.
       (k) Funding.--Members of the National Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the National 
     Commission.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS; AVAILABILITY OF 
                   FUNDS.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out each National and State 
     Conference required by this Act, $5,000,000, which shall 
     remain available until expended. New spending authority or 
     authority to enter contracts as provided in this Act shall be 
     effective only to such extent and in such amounts as are 
     provided in advance in appropriation Acts.
       (b) Specific Earmark.--No amount made available to the 
     Small Business Administration may be made available to carry 
     out this Act, other than amounts made available specifically 
     for the purpose of conducting the National Conferences.
                                  ____


     National Conference on Small Business Act--Section-by-Section

     SECTION 1. SHORT TITLE.

       The name of the Act will be the ``National Conference on 
     Small Business Act.''

     SECTION 2. DEFINITIONS.

       This section defines key words and terms included in the 
     bill.

     SECTION 3. NATIONAL AND STATE CONFERENCES ON SMALL BUSINESS.

       This section states that a National Conference on Small 
     Business will occur every four years during the second year 
     after a presidential election. Prior to the National 
     Conference, there will be State Conferences for the delegates 
     in each state.

     SECTION 4. PURPOSES OF NATIONAL CONFERENCES.

       This section sets forth the reasons for having a National 
     Conference on Small Business.

     SECTION 5. CONFERENCE PARTICIPANTS.

       Subsection (a) directs the National Commission to conduct 
     National and State Conferences to bring together individuals 
     interested in issues affecting small businesses.
       Subsection (b) sets forth the procedures for selecting 
     delegates to the State and National Conferences. A delegates 
     must be an owner or officer of a small business. The 
     Governors and U.S. Senators will each appoint a delegate and 
     alternative delegate from their respective states. U.S. 
     Representatives will each appoint a delegate and alternate 
     from their respective congressional districts, and the 
     President will appoint a delegate and alternate from each 
     state. The delegates will be able to conduct meetings and 
     will attend a State Conference in their respective states 
     before the National Conference is held.
       Subsection (c) describes the role of SBA's Chief Counsel 
     for Advocacy.
       Subsection (d) explains that the delegates will be 
     responsible for their own expenses and will not be reimbursed 
     from appropriated funds.
       Subsection (e) directs the National Commission to appoint 
     an Advisory Committee of 10 persons who were participants at 
     the last preceding National Conference.
       Subsection (f) states that all State and National 
     Conferences will be open to the public and no fee greater 
     than $15 can be charged to people who wish to attend a 
     conference.

     SECTION 6. NATIONAL COMMISSION ON SMALL BUSINESS.

       Subsection (a) authorizes the establishment of a National 
     Commission on Small Business.
       Subsection (b) defines the membership of the National 
     Commission. It will include the SBA Chief Counsel for 
     Advocacy, 2 members appointed by the President, 3 members 
     from the Senate (2 majority, 1 minority), and 3 members from 
     the House of Representatives (2 majority, 1 minority). The 
     appointments will be made 1 year before the opening date of 
     the National Conference and will expire 9 months after the 
     National Conference has concluded.
       Subsection (c) sets forth the election of a Chairperson.
       Subsection (d) permits the National Commission to enter 
     into contracts with public agencies, private organizations, 
     academic institutions, and independent, nonpartisan 
     organizations to carry out the State and National 
     Conferences.
       Subsection (e) directs the National Commission to consult 
     with the Office of Advocacy at SBA, Congress, and Federal 
     agencies in carrying out the State and National Conferences.
       Subsection (f) requires that the National Commission submit 
     a report to the Chairmen and Ranking minority Members of the 
     Senate and House Committees on Small Business within 6 months 
     after the conclusion of the National Conference.
       Subsection (g) establishes a quorum of 4 members of the 
     National Commission for purposes of transacting business.
       Subsection (h) requires the National Commission to hold its 
     first meeting within 20 days after the appointment of all 
     members and at least every 30 days thereafter.
       Subsection (i) states that vacancies on the National 
     Commission will be filled in the same manner as the original 
     appointments were made.
       Subsection (j) authorizes the National Commission to hire 
     an Executive Director

[[Page S5866]]

     and the staff necessary to conduct the State and National 
     Conferences.
       Subsection (k) authorizes the National Commission to 
     reimburse its members for travel expenses, including per 
     diem.

     SECTION 7. AUTHORIZATION OF APPROPRIATIONS; AVAILABILITY OF 
                   FUNDS.

       This section authorizes $5 million to cover all expense 
     incurred under this Act. It states that funds from SBA may 
     not support the Act unless specifically earmarked for that 
     purpose.
                                 ______