[Congressional Record Volume 158, Number 71 (Thursday, May 17, 2012)]
[Senate]
[Pages S3281-S3283]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Ms. SNOWE (for herself and Ms. Landrieu):
S. 3196. A bill to establish the National Women's High-Growth
Business Bipartisan Task Force, and for other purposes; to the
Committee on Small Business and Entrepreneurship.
Ms. SNOWE. Mr. President, I rise today to introduce S. 3196 and S.
3197. This legislation will strengthen the resources and support that
we provide to women entrepreneurs, and to strengthen oversight of the
SBA's technical assistance programs. The SBA's Entrepreneurial
Development programs are a vital source of training and management
support for entrepreneurs, and I am pleased to work with Chair Landrieu
to improve these programs and ensure that the taxpayer dollars that
support them are being utilized in the most efficient and effective way
possible.
The Women's Small Business Ownership Act of 2012 builds upon our
commitment to providing assistance to women entrepreneurs, whose firms
have grown at ice the rate of other firms. The SBA's Women's Business
Center, WBC, program provides critical assistance to economically or
socially disadvantaged entrepreneurs, especially women. The bill I am
introducing today with Chair Landrieu holds funding for the WBC program
at current levels for the next three years, in recognition that now is
not the time to grow Federal programs, including proven ones like the
SBA's technical assistance efforts.
Our bill also makes necessary improvements to the WBC program, such
as establishing a process and criteria that the SBA must follow in
administering grants under this program, and expanding eligible
entities that can host Women's Business Centers to include local
economic development organizations and community colleges. It also
improves the transparency of project funds to ensure that WBC hosts are
not comingling their grant funds with those for separate purposes and
initiatives.
To further strengthen growth in women-owned businesses, we are also
introducing the National Women's High-Growth Business Bipartisan Task
Force Act of 2012. This legislation would repeal the National Women's
Business Council and replace it with a Women's High-Growth Business
Bipartisan Task Force charged with developing and promoting
initiatives, policies, and programs designed to encourage the formation
of startups and high-growth small business concerns owned by women.
Under current law, the Council receives funding to employ an
executive director and four additional employees, who may receive a
maximum pay rate of GS 15. However, most other advisory committees
across the government and SBA operate without staff, and under this
bill we will save taxpayers nearly $1 million by transitioning the
current Council into a Task Force, similar to the Interagency Veteran's
Task Force at the SBA, which was established in 2008.
Additionally, this legislation places an emphasis on high-growth
small businesses owned and controlled by women. Recently, the Kauffman
Foundation, based in Kansas City, MO, researched the effects of
startups as part of the American economy. These reports demonstrate the
necessity of new and young start-ups to act as mechanisms for reviving
the American economy; particularly those of high-growth entrepreneurs.
In this rapidly growing area of high-growth firms, which often
incorporate intellectual property endeavors, this bill ensures that
women's small business concerns are being addressed, with an emphasis
on achieving and maximizing high-growth potential.
[[Page S3282]]
Finally, I am pleased to join Chair Landrieu in introducing the
Strengthening Resources for America's Entrepreneurs Act. This
legislation aims to improve oversight and coordination among the SBA's
existing entrepreneurial development, ED, programs, including the
Women's Business Centers, WBC, the Small Business Development Centers,
SBDC, and the Service Corps of Retired Executives, SCORE, by setting
performance measures, reducing duplication, and increasing partnerships
with local entrepreneurial training providers to make them more
effective and responsive to the needs of small businesses.
Importantly, this legislation makes several changes to the SBA's
entrepreneurial development programs at no cost to taxpayers. The bill
instructs the SBA to develop a plan outlining how to use ED initiatives
to create new jobs over the next 2 years, improves cross-program
coordination to maximize use of program resources, establishes a
consistent data collection process for all of its technical assistance
programs, and ensures that someone is available to assist small
businesses at all SBA district offices. By requiring the SBA to collect
data will provide important insights into the strengths of the ED
programs and highlight where there is room for improvement.
Now, more than ever, we in Congress must do everything within our
power to help small businesses drive our Nation's economic recovery,
and the SBA programs we are reauthorizing today are critical elements
of that support. In the coming weeks, I look forward to working with
the Chair and my colleagues on both sides of the aisle to move these
bills through the full Senate.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3196
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 High-Growth
Business Bipartisan Task Force Act of 2012''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``Task Force'' means the National Women's
High-Growth Business Bipartisan Task Force established under
section 3; and
(3) the term ``small business concern owned and controlled
by women'' has the meaning given that term in section 3(n) of
the Small Business Act (15 U.S.C. 632(n)).
SEC. 3. NATIONAL WOMEN'S HIGH-GROWTH BUSINESS BIPARTISAN TASK
FORCE.
(a) Establishment.--There is established the National
Women's High-Growth Business Bipartisan Task Force, which
shall serve as an independent source of advice, research, and
policy recommendations to--
(1) the Administrator;
(2) the Assistant Administrator of the Office of Women's
Business Ownership of the Administration;
(3) Congress;
(4) the President; and
(5) other Federal departments and agencies.
(b) Membership.--
(1) Number of members.--The Task Force shall be composed of
15 members, of which--
(A) 8 shall be individuals who own small business concerns
owned and controlled by women, including not fewer than 2
individuals who own small business concerns owned and
controlled by women in industries in which women are
traditionally underrepresented;
(B) 2 shall be individuals having expertise conducting
research on women's business, women's entrepreneurship, new
business development by women, and high-growth business
development; and
(C) 5 shall be individuals who represent women's business
organizations, including women's business centers and women's
business advocacy groups.
(2) Appointment of members.--
(A) Owners of small business concerns owned and controlled
by women.--Of the members of the Task Force described in
paragraph (1)(A)--
(i) 2 shall be appointed by the Chairperson of the
Committee on Small Business and Entrepreneurship of the
Senate;
(ii) 2 shall be appointed by the Ranking Member of the
Committee on Small Business and Entrepreneurship of the
Senate;
(iii) 2 shall be appointed by the Chairperson of the
Committee on Small Business of the House of Representatives;
and
(iv) 2 shall be appointed by the Ranking Member of the
Committee on Small Business of the House of Representatives.
(B) Other members.--The members of the Task Force described
in subparagraphs (B) and (C) of paragraph (1) shall be
appointed by the Administrator.
(C) Initial appointments.--The individuals described in
subparagraphs (A) and (B) shall appoint the initial members
of the Task Force not later than 90 days after the date of
enactment of this Act.
(D) Geographic considerations.--In making an appointment
under this paragraph, the individuals described in
subparagraphs (A) and (B) shall give consideration to the
geographic areas of the United States in which the members of
the Task Force live and work, particularly to ensure that
rural areas are represented on the Task Force.
(E) Political affiliation.--Not more than 8 members of the
Task Force may be members of the same political party.
(3) Chairperson.--
(A) Election of chairperson.--The members of the Task Force
shall elect 1 member of the Task Force as Chairperson of the
Task Force.
(B) Vacancies.--Any vacancy in the position of Chairperson
of the Task Force shall be filled by the Task Force at the
first meeting of the Task Force after the date on which the
vacancy occurs.
(4) Term of service.--
(A) In general.--Except as provided in subparagraph (B),
the term of service of each member of the Task Force shall be
3 years.
(B) Terms of initial appointees.--Of the members of the
Task Force first appointed after the date of enactment of
this Act--
(i) 6 shall be appointed for a term of 4 years, including--
(I) 1 member appointed by the individuals described in each
of clauses (i), (ii), (iii), and (iv) of paragraph (2)(A);
and
(II) 2 members appointed by the Administrator; and
(ii) 5 shall be appointed for a term of 5 years,
including--
(I) 1 member appointed by the individuals described in each
of clauses (i), (ii), (iii), and (iv) of paragraph (2)(A);
and
(II) 1 member appointed by the Administrator.
(5) Vacancies.--A vacancy on the Task Force shall be filled
not later than 30 days after the date on which the vacancy
occurs, in the manner in which the original appointment was
made, and shall be subject to any conditions that applied to
the original appointment. An individual chosen to fill a
vacancy shall be appointed for the unexpired term of the
member replaced.
(6) Prohibition on federal employment.--
(A) In general.--Except as provided in subparagraph (B), no
member of the Task Force may serve as an officer or employee
of the United States.
(B) Exception.--A member of the Task Force who accepts a
position as an officer or employee of the United States after
appointment to the Task Force may continue to serve on the
Task Force for not more than 30 days after the date of such
acceptance.
(7) Compensation and expenses.--
(A) No compensation.--Each member of the Task Force shall
serve without compensation.
(B) Expenses.--The Administrator shall reimburse the
members of the Task Force for travel and subsistence expenses
in accordance with section 5703 of title 5, United States
Code.
(c) Duties.--The Task Force shall--
(1) review and monitor plans and programs developed in the
public and private sectors that affect the ability of small
business concerns owned and controlled by women to obtain
capital and credit and to access markets, and provide advice
on improving coordination between such plans and programs;
(2) monitor and promote the plans, programs, and operations
of the Federal departments and agencies that contribute to
the formation and development of small business concerns
owned and controlled by women, and make recommendations to
Federal departments and agencies concerning the coordination
of such plans, programs, and operations;
(3) develop and promote initiatives, policies, programs,
and plans designed to encourage the formation of startups and
high-growth small business concerns owned and controlled by
women;
(4) advise the Administrator on the development and
implementation of an annual comprehensive plan for joint
efforts by the public and private sectors to facilitate the
formation and development of startups and high-growth small
business concerns owned and controlled by women; and
(5) examine the link between women who own small business
concerns and intellectual property, including--
(A) the number of patents, trademarks, and copyrights
granted to women; and
(B) the challenges faced by high-growth small business
concerns owned and controlled by women in obtaining and
enforcing intellectual property rights.
(d) Powers.--
(1) Hearings.--The Task Force may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Task Force considers advisable
to carry out its duties.
(2) Task groups.--The Task Force may, from time to time,
establish temporary task groups, as necessary to carry out
the duties of the Task Force.
(3) Information from federal agencies.--Upon request of the
Chairperson of the Task
[[Page S3283]]
Force, the head of any Federal department or agency shall
furnish such information to the Task Force as the Task Force
considers necessary to carry out its duties.
(4) Use of mails.--The Task Force may use the United States
mails in the same manner and under the same conditions as
Federal departments and agencies.
(5) Gifts.--The Task Force may accept, use, and dispose of
gifts or donations of services or property.
(e) Meetings.--
(1) In general.--The Task Force shall meet--
(A) not less than 3 times each year;
(B) at the call of the Chairperson; and
(C) upon the request of--
(i) the Administrator;
(ii) the Chairperson and Ranking Member of the Committee on
Small Business and Entrepreneurship of the Senate; or
(iii) the Chairperson and Ranking Member of the Committee
on Small Business of the House of Representatives.
(2) Participation of federal agencies.--
(A) Participation encouraged.--The Task Force shall allow
and encourage participation in meetings by representatives
from Federal agencies.
(B) Functions of representatives of federal agencies.--A
representative from a Federal agency--
(i) may be used as a resource; and
(ii) may not vote or otherwise act as a member of the Task
Force.
(3) Location.--Each meeting of the full Task Force shall be
held at the headquarters of the Administration, unless, not
later than 1 month before the meeting, a majority of the
members of the Task Force agree to meet at another location.
(4) Support by administrator.--The Administrator shall
provide suitable meeting facilities and such administrative
support as may be necessary for each full meeting of the Task
Force.
(f) Reports.--
(1) Reports by task force.--
(A) Reports required.--Not later than 30 days after the end
of each fiscal year, the Task Force shall submit to the
President and 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--
(i) a detailed description of the activities of the Task
Force, including a report on how the Task Force has carried
out the duties described in subsection (c);
(ii) the findings and recommendations of the Task Force;
and
(iii) the recommendations of the Task Force for--
(I) promoting intellectual property rights for high-growth
small business concerns owned and controlled by women; and
(II) such legislative and administrative actions as the
Task Force considers appropriate to promote the formation and
development of small business concerns owned and controlled
by women.
(B) Form of reports.--The report required under
subparagraph (A) shall include--
(i) any concurring or dissenting views of the
Administrator; and
(ii) the minutes of each meeting of the Task Force.
(2) Reports by chief counsel for advocacy.--
(A) Studies.--
(i) In general.--Not less frequently than twice each year,
the Chief Counsel for Advocacy of the Small Business
Administration, in consultation with the Task Force, shall
conduct a study of an issue that is important to small
business concerns owned and controlled by women.
(ii) Topics.--The topic of a study under clause (i) shall--
(I) be an issue that the Task Force determines is critical
to furthering the interests of small business concerns owned
and controlled by women; and
(II) relate to--
(aa) Federal prime contracts and subcontracts awarded to
small business concerns owned and controlled by women;
(bb) access to credit and investment capital by women
entrepreneurs;
(cc) acquiring and enforcing intellectual property rights;
or
(dd) any other issue relating to small business concerns
owned and controlled by women that the Task Force determines
is appropriate.
(iii) Contracting.--In conducting a study under this
subparagraph, the Chief Counsel may contract with a public or
private entity.
(B) Report.--The Chief Counsel for Advocacy shall--
(i) submit a report containing the results of each study
under subparagraph (A) to the Task Force, the Committee on
Small Business and Entrepreneurship of the Senate, and the
Committee on Small Business of the House of Representatives;
and
(ii) make each report submitted under clause (i) available
to the public online.
(g) Federal Advisory Committee Act.--Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Task Force.
SEC. 4. REPEAL.
(a) Final Reports.--Not later than 90 days after of the
date of enactment of this Act--
(1) the Interagency Committee on Women's Business
Enterprise shall submit to the President and the Committee on
Small Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Representatives a
report containing the information described in paragraphs
(1), (2), and (3) of section 404 of the Women's Business
Ownership Act of 1988 (15 U.S.C. 7104), as in effect on the
day before the date of enactment of this Act; and
(2) the National Women's Business Council shall submit to
the President and the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report containing
the information described in subparagraphs (A), (B), and (C)
of section 406(d)(6) of the Women's Business Ownership Act of
1988 (15 U.S.C. 7106), as in effect on the day before the
date of enactment of this Act.
(b) Repeal.--The Women's Business Ownership Act of 1988 (15
U.S.C. 631 note) is amended by striking title IV (15 U.S.C.
7101 et seq.).
(c) Technical and Conforming Amendments.--The Small
Business Act (15 U.S.C. 631 et seq.) is amended--
(1) in section 8(b)(1)(G) (15 U.S.C. 637(b)(1)(G)), by
striking ``and to carry out the activities authorized by
title IV of the Women's Business Ownership Act of 1988''; and
(2) in section 29(g) (15 U.S.C. 656(g))--
(A) in paragraph (1), by striking ``women's business
enterprises (as defined in section 408 of the Women's
Business Ownership Act of 1988 (15 U.S.C. 631 note))'' and
inserting ``small business concerns owned and controlled by
women''; and
(B) in paragraph (2)(B)(ii)--
(i) in subclause (VI), by adding ``and'' at the end;
(ii) in subclause (VII), by striking the semicolon at the
end and inserting a period; and
(iii) by striking subclauses (VIII), (IX), and (X).
(d) Effective Date.--The amendments made by subsections (b)
and (c) shall take effect 90 days after the date of enactment
of this Act.
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