[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.
                                 ______