[Congressional Record Volume 149, Number 109 (Tuesday, July 22, 2003)]
[Senate]
[Pages S9717-S9718]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. LANDRIEU:
  S. 1442. A bill to preserve the political independence of the 
National Women's Business Council; to the Committee on Small Business 
and Entrepreneurship.
  Ms. LANDRIEU. Mr. President, the National Women's Business Council 
provides Congress, the Small Business Administration, and the 
Interagency Committee on Women's Business Enterprise with independent 
advice and policy recommendations to foster women's business ownership. 
Now many of my colleagues may not know a great deal about the Council, 
its members, and what they do. But I can tell you that as a member of 
the Senate Committee on Small Business and Entrepreneurship, the 
Council's advice is very helpful as we develop legislation that affects 
small businesses throughout the country.
  The Council has broad latitude to address nearly any issue that it 
considers to be important for women in business. Whether it relates to 
health insurance, the economy, or fiscal policies, the Council brings a 
unique and valuable perspective. Women make up 46 percent of the 
Nation's executive, administrative and managerial occupations and head 
up 7.1 million sole proprietorships. The National Women's Business 
Council is their voice.
  The Council's independent voice is the key to its success and 
influence. The structure of the Council helps to maintain that 
independence. The Council has 15 members. The Chair is appointed by the 
President and must be a prominent businesswoman. Six members come from 
women's business organizations, including representatives of women's 
business center sites. The remaining eight members are political 
appointees, split evenly between Democrats and Republicans. These 
political slots are appointed by the SBA Administrator based upon the 
recommendations of the Chair and Ranking Members of the Senate Business 
and Entrepreneurship Committee and the House Small Business Committee. 
All of these ``party-affiliated'' members must be small business 
owners.
  This bipartisan balance in the Council's membership helps to ensure 
that any policy recommendations or positions the Council takes will 
reflect the needs of women in business and not the political agenda of 
one political party over another. Certainly, the political balance is 
not completely even because the Chair is appointed by the President, 
but the Democrats have a strong voice with four members on the Council. 
That will only be true, however, as long as the Democratic seats are 
filled.
  Unfortunately, this has not always been the case. Vacancies on the 
Council are supposed to be filled no later than 30 days after a seat 
becomes open. However, over the past two years, the SBA has routinely 
failed to meet this 30-day statutory deadline. The Council Chair was 
vacant from May 29, 2001 to May 21, 2002, a period of 11 months and 22 
days. As a result, the Council could not even meet.
  Vacancies in the party-affiliated seats hurt the Council's 
independence. Of the party-affiliated seats reserved for the 
President's party, one seat was vacant for three months; two were 
vacant for a period of seven months; and another went vacant for 21 
months. Two of the seats reserved for Democrats remained vacant for 
nearly two years, another seat was vacant for seven months, and the 
fourth seat remains vacant today. In the past, these

[[Page S9718]]

vacancies have not been filled in a manner consistent with maintaining 
a bipartisan balance and the independence of the Council. Let me give 
you an example.

  In February of this year the Council announced its support for 
Association Health Plans. This is an important issue for many small 
businesses and for the economy on the whole. At the time, the Council 
had three Republican members and no Democrats. Regardless of what 
opinion you may have of the Association Health Plans issue, the 
Council's position can be dismissed by some as being political because 
of the partisan imbalance on the Council at the time it made its 
endorsement. Instead of being an unquestioned resource for Congress and 
policy makers to rely on, the Council faces potential criticism that it 
is nothing more than a mouthpiece for one party over another.
  Today, I am introducing legislation to protect the independence of 
the Council. The National Women's Business Council Independence 
Preservation Act of 2003 will ensure that the Council maintains its 
value as an advisor to Congress and the Administration. This measure 
simply requires that vacancies in the party-affiliated seats be filled 
evenly so that the Council maintains a bipartisan balance. This will 
help to ensure that the Council's policy advice is free from any 
partisan taint.
  My legislation also ensures accountability by requiring the SBA 
Administrator to report to Congress on vacancies that remain unfilled 
for more than 30 days. The report must cite the reasons for the 
vacancies, what is causing any delays in filling the positions, whether 
nominees were available for consideration, at what stage in the vetting 
process nominees are, whether there are any objections to the nominees 
and what those objections are, an estimate for when the vacancies will 
be filled, and any other relevant information relating to the 
vacancies.
  I urge my colleagues to support this legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1442

       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 Women's Business 
     Council Independence Preservation Act of 2003''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The National Women's Business Council provides an 
     independent source of advice and policy recommendations 
     regarding women's business development and the needs of women 
     entrepreneurs in the United States to--
       (A) the President;
       (B) Congress;
       (C) the Interagency Committee on Women's Business 
     Enterprise; and
       (D) the Administrator of the Small Business Administration.
       (2) The members of the National Women's Business Council 
     are small business owners, representatives of business 
     organizations, and representatives of women's business 
     centers.
       (3) The chair and ranking member of the Committee on Small 
     Business and Entrepreneurship of the Senate and the Committee 
     on Small Business of the House of Representatives make 
     recommendations to the Administrator to fill 8 of the 
     positions on the National Women's Business Council. Four of 
     the positions are reserved for small business owners who are 
     affiliated with the political party of the President and four 
     of the positions are reserved for small business owners who 
     are not affiliated with the political party of the President. 
     This method of appointment ensures that the National Women's 
     Business Council will provide Congress with non-partisan, 
     balanced, and independent advice.
       (4) In order to maintain the independence of the National 
     Women's Business Council and to ensure that the Council 
     continues to provide Congress with advice on a non-partisan 
     basis, it is essential that the Council maintain the 
     bipartisan balance established under section 407 of the 
     Women's Business Ownership Act of 1988 (15 U.S.C. 7107).

     SEC. 3. MAINTAINING THE POLITICAL INDEPENDENCE OF THE 
                   NATIONAL WOMEN'S BUSINESS COUNCIL.

       Section 407(f) of the Women's Business Ownership Act of 
     1988 (15 U.S.C. 7107(f)) is amended--
       (1) by striking ``A vacancy'' and inserting the following:
       ``(1) In general.--A vacancy''; and
       (2) by adding at the end the following:
       ``(2) Partisan balance.--When filling vacancies under 
     paragraph (1), the Administrator shall, to the extent 
     practicable, ensure that there are an equal number of members 
     on the Council from each of the 2 major political parties.''
       ``(3) Accountability.--If a vacancy is not filled within 
     the 30-day period required under paragraph (1) or if there 
     exists an imbalance of party-affiliated members on the 
     Council for a period exceeding 30 days, the Administrator 
     shall submit a report, not later than 10 days after the 
     respective 30-day deadline, to the Committee on Small 
     Business and Entrepreneurship of the Senate and the Committee 
     on Small Business of the House of Representatives, that 
     explains why the respective deadline was not met and provides 
     an estimated date on which any vacancies will be filled.''.
                                 ______