[Congressional Record Volume 160, Number 121 (Wednesday, July 30, 2014)]
[Senate]
[Pages S5137-S5146]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. CORNYN:
S. 2686. A bill to amend the Internal Revenue Code of 1986 to prevent
the extension of the tax collection period merely because the taxpayer
is a member of the Armed Forces who is hospitalized as a result of
combat zone injuries; to the Committee on Finance.
Mr. CORNYN. 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. 2686
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 ``Wounded Warrior Tax Equity
Act of 2014''.
SEC. 2. PREVENTION OF EXTENSION OF TAX COLLECTION PERIOD FOR
MEMBERS OF THE ARMED FORCES WHO ARE
HOSPITALIZED AS A RESULT OF COMBAT ZONE
INJURIES.
(a) In General.--Section 7508(e) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
``(3) Collection period after assessment not extended as
a result of hospitalization.--With respect to any period of
continuous qualified hospitalization described in subsection
(a) and the next 180 days thereafter, subsection (a) shall
not apply in the application of section 6502.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxes assessed before, on, or after the date
of the enactment of this Act.
______
By Ms. COLLINS (for herself and Mrs. Shaheen):
S. 2689. A bill to amend title XVIII of the Social Security Act to
specify coverage of continuous glucose monitoring devices, and for
other purposes; to the Committee on Finance.
Ms. COLLINS. Mr. President, as the founder and co-chair of the Senate
Diabetes Caucus, I have learned a great deal about this devastating
disease affecting nearly 29 million Americans. Fortunately, due to the
Special Diabetes Program and increased investments in diabetes
research, we have seen some encouraging breakthroughs and are on the
threshold of a number of important new discoveries.
This is particularly true for the estimated 3 million Americans
living with type I diabetes. Advances in technology, like continuous
glucose monitors, are helping patients control their blood glucose
levels, which is key to preventing costly and sometimes deadly diabetes
complications. We are also moving closer and closer to our goal of an
artificial pancreas, which would control blood glucose levels
automatically and revolutionize diabetes care.
The National Institutes of Health and the Food and Drug
Administration have been extremely supportive of these innovations in
diabetes care. I was therefore surprised and extremely troubled to
learn that insulin-dependent Medicare beneficiaries are being denied
coverage for continuous glucose monitors, or CGMs, because the Centers
for Medicare and Medicaid Services, CMS, has determined that they do
not meet the Medicare definition of durable medical equipment and do
not fall under any other Medicare category. As a consequence, we are
seeing situations--similar to what we saw with insulin pumps in the
late 1990s--where individuals with type 1 diabetes have had coverage
for their continuous glucose monitor on their private insurance, only
to lose it when they age into Medicare.
A CGM is a physician-prescribed, FDA-approved medical device that can
provide real-time readings and data about trends in glucose levels
every five minutes, thus enabling someone with insulin-dependent
diabetes to eat or take insulin and prevent dangerous low or high
glucose levels. As demonstrated by extensive clinical evidence, adults
using a CGM have had improved overall glucose control and have reduced
rates of hypoglycemia or low blood glucose levels. Professional medical
societies, including the American Association of Clinical
Endocrinologists and the Endocrine Society, recognize this clinical
evidence and have published guidelines recommending CGM be used in
appropriate patients with type 1 diabetes. Today, about 95 percent of
commercial insurers provide coverage for CGM devices.
The ironic thing is that it is only because of advances in diabetes
care like the continuous glucose monitor that people with type 1
diabetes can expect to live long enough to become Medicare
beneficiaries. I am particularly concerned given the implications that
this coverage decision will have for future decisions regarding
artificial pancreas systems, which will combine a continuous glucose
monitor, insulin pump, and sophisticated algorithm to control high and
low blood sugar around the clock.
I am therefore joining my colleague from New Hampshire and my Co-
Chair
[[Page S5138]]
of the Senate Diabetes Caucus in introducing the Medicare CGM Access
Act of 2014 to create a separate benefit category under Medicare for
the continuous glucose monitor and require coverage of the device for
individuals meeting specified medical criteria.
______
By Ms. CANTWELL (for herself, Mr. Cardin, Mrs. Shaheen, Mrs.
Gillibrand, Ms. Baldwin, and Mr. Walsh):
S. 2693. A bill to reauthorize the women's business center program of
the Small Business Administration, and for other purposes; to the
Committee on Small Business and Entrepreneurship.
Ms. CANTWELL. Mr. President, today I am joining with my colleagues to
introduce legislation to empower women entrepreneurs and to help
address the persistent challenges women face when trying to start and
grow a business.
It was just 26 years ago that Congress enacted landmark legislation,
the Women's Business Ownership Act of 1988 that eliminated requirements
that women obtain the signature of their husband or other man to secure
a business loan.
Between 1997 and 2013, the number of women-owned businesses in the
United States grew by 59 percent, but significant barriers for women
still exist and there is still much more work to do.
Last week, the Small Business Committee released a report entitled
``21st Century Barriers to Women's Entrepreneurship'' that assesses the
current challenges faced by women-owned businesses. The report also
makes policy recommendations to increase economic opportunity for women
and help to put them on a level playing field with other business
owners.
Our committee report makes four critical findings and includes policy
recommendations to help remedy the business climate for women
entrepreneurs.
First, women business owners face challenges in getting access to
capital. The report highlights a study by the Urban Institute finding
that only 4 percent of the total value of all conventional small
business loans goes to women entrepreneurs. That means only $1 of every
$23 is being loaned to a women-owned business. The report also notes
that women are forced to rely on personal savings, loans from family or
friends, or high interest credit because they cannot get traditional
small business lending from banks.
Second, the report finds that women business owners still face
challenges in getting access to loans of the right size. Women-owned
businesses have been very successful with the SBA's Microloan program,
under which they can obtain loans of up to $50,000 through
intermediaries that also provide assistance in the development of
business plans. However, this program has not been updated since 1991.
The report highlights the importance of reauthorizing the
Intermediary Lending Program that expired in 2013 and provided capital
for women business owners who were ready to take out loans that
exceeded the $50,000 provided by the SBA's Microloan Program, but were
not yet able to take advantage of the SBA's 7(a) lending program.
Third, the report finds that women entrepreneurs face challenges
obtaining relevant business training and counseling. Women's Business
Centers provide specialized counseling and training designed to address
the unique challenges women face in starting a small business. The
report shows that the Women's Business Center program has not been re-
authorized since the 1990s and is in need of a 21st century
modernization.
Last, the committee report finds that women business owners face
challenges getting access to Federal contracts. Despite the growing
number of businesses owned by women, the Federal Government has never
met its goal of awarding 5 percent of its contracts to women-owned
small businesses. Our report notes that if the government met this
goal, women-owned small businesses would have access to additional
market opportunity worth up to $4 billion a year.
That is why we are introducing the Women's Small Business Ownership
Act. This legislation follows the policy recommendations made in the
committee report and helps to address the glass ceiling many women
entrepreneurs still encounter in the 21st century. While women-owned
businesses as a whole continue to grow and succeed, to do so many women
must overcome barriers men do not face.
The Women's Small Business Ownership Act increases the flow of
capital to women business owners by modernizing the SBA's Microloan
program and reauthorizing the Intermediary Lending Program. Women have
been particularly successful in using microloans, which are loans of
under $50,000, and receive about half of all SBA Microloans.
The Microloan program would be modernized by increasing the total
amount lenders can loan, as well as allowing lenders to provide
flexible terms and improved technical assistance to better suit the
needs of borrowers.
The Intermediary Lending Program is also an important program, which
this legislation reauthorizes to address a gap in lending options for
small businesses, including women-owned small businesses that are
unable to obtain financing from traditional lenders. The Intermediary
Lending Program offers low-interest loans of between $50,000 and
$200,000 and closes the gap that can exist for small businesses that
have outgrown the SBA's Microloan program, but are not yet able to take
advantage of SBA's other lending guarantee programs.
This legislation removes barriers to the federal contracting
marketplace by allowing sole source contracts to be awarded to women-
owned small businesses. Every other small business in a unique
socioeconomic category, including HUB Zone firms, service-disabled
veteran-owned small businesses, and small disadvantaged businesses, can
receive a non-competitive or sole source contract, but women's small
businesses cannot. Women-owned companies deserve parity with other
programs and a fair shot to grow their businesses.
The Women's Small Business Ownership Act ensures that the SBA's
Women's Business Centers are adequately and effectively meeting the
needs of women entrepreneurs in the 21st century. It provides the
resources for Women's Business Centers to provide the technical support
and counseling tailored to the unique challenges for women-owned
businesses.
Women make up 51 percent of the population and have tremendous
potential as business owners and job-creators. We need to empower women
to break through the glass ceiling so it will be easier for even more
women to succeed in the 21st century, grow the U.S. economy and create
more U.S. jobs.
When women have equal opportunity to access capital, obtain the right
business counseling, and compete for federal contracts, the economy
grows and the country moves forward.
Mr. President, I ask for 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. 2693
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 ``Women's Small Business
Ownership Act of 2014''.
SEC. 2. DEFINITION.
In this Act--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``disability'' has the meaning given that term
in section 3 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12102);
(3) the term ``microloan program'' means the program
established under section 7(m) of the Small Business Act (15
U.S.C. 636(m));
(4) the term ``rural small business concern'' means a small
business concern located in a rural area, as that term is
defined in section 1393(a)(2) of the Internal Revenue Code of
1986; and
(5) the terms ``small business concern'', ``small business
concern owned and controlled by veterans'', and ``small
business concern owned and controlled by women'' have the
meanings given those terms under section 3 of the Small
Business Act (15 U.S.C. 632).
SEC. 3. OFFICE OF WOMEN'S BUSINESS OWNERSHIP.
Section 29(g) of the Small Business Act (15 U.S.C. 656(g))
is amended--
(1) in paragraph (2)--
(A) in subparagraph (B)--
(i) in clause (i), by striking ``in the areas'' and all
that follows through the end of subclause (I), and inserting
the following: ``to
[[Page S5139]]
address issues concerning the management, operations,
manufacturing, technology, finance, retail and product sales,
international trade, Government contracting, and other
disciplines required for--
``(I) starting, operating, and increasing the business of a
small business concern;''; and
(ii) in clause (ii), by striking ``Women's Business Center
program'' each place that term appears and inserting
``women's business center program''; and
(B) in subparagraph (C), by inserting before the period at
the end the following: ``, the National Women's Business
Council, and any association of women's business centers'';
and
(2) by adding at the end the following:
``(3) Training.--The Administrator may provide annual
programmatic and financial examination training for women's
business ownership representatives and district office
technical representatives of the Administration to enable
representatives to carry out their responsibilities.
``(4) Program and transparency improvements.--The
Administrator shall maximize the transparency of the women's
business center financial assistance proposal process and the
programmatic and financial examination process by--
``(A) providing public notice of any announcement for
financial assistance under subsection (b) or a grant under
subsection (l);
``(B) in the announcement described in subparagraph (A),
outlining award and program evaluation criteria and
describing the weighting of the criteria for financial
assistance under subsection (b) and grants under subsection
(l); and
``(C) not later than 60 days after the completion of a site
visit to the women's business center (whether conducted for
an audit, performance review, or other reason), when
feasible, providing to each women's business center a copy of
any site visit reports or evaluation reports prepared by
district office technical representatives or officers or
employees of the Administration.''.
SEC. 4. WOMEN'S BUSINESS CENTER PROGRAM.
(a) Women's Business Center Financial Assistance.--Section
29 of the Small Business Act (15 U.S.C. 656) is amended--
(1) in subsection (a)--
(A) by striking paragraph (4);
(B) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively;
(C) by inserting after paragraph (1) the following:
``(2) the term `association of women's business centers'
means an organization--
``(A) that represents not less than 51 percent of the
women's business centers that participate in a program under
this section; and
``(B) whose primary purpose is to represent women's
business centers;
``(3) the term `eligible entity' means--
``(A) a private nonprofit organization;
``(B) a State, regional, or local economic development
organization;
``(C) a development, credit, or finance corporation
chartered by a State;
``(D) a junior or community college, as defined in section
312(f) of the Higher Education Act of 1965 (20 U.S.C.
1058(f)); or
``(E) any combination of entities listed in subparagraphs
(A) through (D);''; and
(D) by adding after paragraph (5), as so redesignated, the
following:
``(6) the term `women's business center' means a project
conducted by an eligible entity under this section.'';
(2) in subsection (b)--
(A) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), and adjusting the margins
accordingly;
(B) by striking ``The Administration'' and all that follows
through ``5-year projects'' and inserting the following:
``(1) In general.--The Administration may provide financial
assistance to an eligible entity to conduct a project under
this section'';
(C) by striking ``The projects shall'' and inserting the
following:
``(2) Use of funds.--The project shall be designed to
provide training and counseling that meets the needs of
women, especially socially and economically disadvantaged
women, and shall''; and
(D) by adding at the end the following:
``(3) Amount of financial assistance.--The Administrator
may award financial assistance under this subsection of not
more than $250,000 per project year.
``(4) Consultation with associations of women's business
centers.--The Administrator shall seek advice, input, and
recommendations for policy changes from any association of
women's business centers to develop--
``(A) a training program for the staff of women's business
centers; and
``(B) recommendations to improve the policies and
procedures for governing the general operations and
administration of the women's business center program,
including grant program improvements under subsection
(g)(4).'';
(3) in subsection (c)--
(A) in paragraph (1) by striking ``the recipient
organization'' and inserting ``an eligible entity'';
(B) in paragraph (3), in the second sentence, by striking
``a recipient organization'' and inserting ``an eligible
entity'';
(C) in paragraph (4)--
(i) by striking ``recipient of assistance'' and inserting
``eligible entity'';
(ii) by striking ``such organization'' and inserting ``the
eligible entity''; and
(iii) by striking ``recipient'' and inserting ``eligible
entity''; and
(D) by adding at end the following:
``(5) Separation of project and funds.--An eligible entity
shall--
``(A) carry out a project under this section separately
from other projects, if any, of the eligible entity; and
``(B) separately maintain and account for any financial
assistance under this section.'';
(4) in subsection (e)--
(A) by striking ``applicant organization'' and inserting
``eligible entity'';
(B) by striking ``a recipient organization'' and inserting
``an eligible entity''; and
(C) by striking ``site'';
(5) by striking subsection (f) and inserting the following:
``(f) Applications and Criteria for Initial Financial
Assistance.--
``(1) Application.--Each eligible entity desiring financial
assistance under subsection (b) shall submit to the
Administrator an application that contains--
``(A) a certification that the eligible entity--
``(i) has designated an executive director or program
manager, who may be compensated using financial assistance
under subsection (b) or other sources, to manage the center;
``(ii) as a condition of receiving financial assistance
under subsection (b), agrees--
``(I) to receive a site visit at the discretion of the
Administrator as part of the final selection process;
``(II) to undergo an annual programmatic and financial
examination; and
``(III) to remedy any problems identified pursuant to the
site visit or examination under subclause (I) or (II); and
``(iii) meets the accounting and reporting requirements
established by the Director of the Office of Management and
Budget;
``(B) information demonstrating that the eligible entity
has the ability and resources to meet the needs of the market
to be served by the women's business center for which
financial assistance under subsection (b) is sought,
including the ability to obtain the non-Federal contribution
required under subsection (c);
``(C) information relating to the assistance to be provided
by the women's business center for which financial assistance
under subsection (b) is sought in the area in which the
women's business center is located;
``(D) information demonstrating the experience and
effectiveness of the eligible entity in--
``(i) conducting financial, management, and marketing
assistance programs, as described in subsection (b)(2), which
are designed to teach or upgrade the business skills of women
who are business owners or potential business owners;
``(ii) providing training and services to a representative
number of women who are socially and economically
disadvantaged; and
``(iii) working with resource partners of the
Administration and other entities, such as universities; and
``(E) a 5-year plan that describes the ability of the
women's business center for which financial assistance is
sought--
``(i) to serve women who are business owners or potential
business owners by conducting training and counseling
activities; and
``(ii) to provide training and services to a representative
number of women who are socially and economically
disadvantaged.
``(2) Review and approval of applications for initial
financial assistance.--
``(A) In general.--The Administrator shall--
``(i) review each application submitted under paragraph
(1), based on the information described in such paragraph and
the criteria set forth under subparagraph (B) of this
paragraph; and
``(ii) to the extent practicable, as part of the final
selection process, conduct a site visit to each women's
business center for which financial assistance under
subsection (b) is sought.
``(B) Selection criteria.--
``(i) In general.--The Administrator shall evaluate
applicants for financial assistance under subsection (b) in
accordance with selection criteria that are--
``(I) established before the date on which applicants are
required to submit the applications;
``(II) stated in terms of relative importance; and
``(III) publicly available and stated in each solicitation
for applications for financial assistance under subsection
(b) made by the Administrator.
``(ii) Required criteria.--The selection criteria for
financial assistance under subsection (b) shall include--
``(I) the experience of the applicant in conducting
programs or ongoing efforts designed to teach or enhance the
business skills of women who are business owners or potential
business owners;
``(II) the ability of the applicant to begin a project
within a minimum amount of time, as established under the
program announcement or by regulation;
``(III) the ability of the applicant to provide training
and services to a representative number of women who are
socially and economically disadvantaged; and
``(IV) the location for the women's business center
proposed by the applicant, including whether the applicant is
located in a State in which there is not a women's business
center receiving funding from the Administration.
[[Page S5140]]
``(C) Proximity.--If the principal place of business of an
applicant for financial assistance under subsection (b) is
located less than 50 miles from the principal place of
business of a women's business center that received funds
under this section on or before the date of the application,
the applicant shall not be eligible for the financial
assistance, unless the applicant submits a detailed written
justification of the need for an additional center in the
area in which the applicant is located.
``(D) Record retention.--The Administrator shall maintain a
copy of each application submitted under this subsection for
not less than 7 years.''; and
(6) in subsection (m)--
(A) by striking paragraph (3) and inserting the following:
``(3) Application and approval for renewal grants.--
``(A) Solicitation of applications.--The Administrator
shall solicit applications and award grants under this
subsection for the first fiscal year beginning after the date
of enactment of the Women's Small Business Ownership Act of
2014, and every third fiscal year thereafter.
``(B) Contents of application.--Each eligible entity
desiring a grant under this subsection shall submit to the
Administrator an application that contains--
``(i) a certification that the applicant--
``(I) is an eligible entity;
``(II) has designated an executive director or program
manager to manage the women's business center operated by the
applicant; and
``(III) as a condition of receiving a grant under this
subsection, agrees--
``(aa) to receive a site visit as part of the final
selection process;
``(bb) to submit, for the 2 full fiscal years before the
date on which the application is submitted, annual
programmatic and financial examination reports or certified
copies of the compliance supplemental audits under OMB
Circular A-133 of the applicant; and
``(cc) to remedy any problem identified pursuant to the
site visit or examination under item (aa) or (bb);
``(ii) information demonstrating that the applicant has the
ability and resources to meet the needs of the market to be
served by the women's business center for which a grant under
this subsection is sought, including the ability to obtain
the non-Federal contribution required under paragraph (4)(C);
``(iii) information relating to assistance to be provided
by the women's business center in the area served by the
women's business center for which a grant under this
subsection is sought;
``(iv) information demonstrating that the applicant has
worked with resource partners of the Administration and other
entities;
``(v) a 3-year plan that describes the ability of the
women's business center for which a grant under this
subsection is sought--
``(I) to serve women who are business owners or potential
business owners by conducting training and counseling
activities; and
``(II) to provide training and services to a representative
number of women who are socially and economically
disadvantaged; and
``(vi) any additional information that the Administrator
may reasonably require.
``(C) Review and approval of applications for grants.--
``(i) In general.--The Administrator shall--
``(I) review each application submitted under subparagraph
(B), based on the information described in such subparagraph
and the criteria set forth under clause (ii) of this
subparagraph; and
``(II) at the discretion of the Administrator, and as part
of the final selection process, conduct a site visit to each
women's business center for which a grant under this
subsection is sought.
``(ii) Selection criteria.--
``(I) In general.--The Administrator shall evaluate
applicants for grants under this subsection in accordance
with selection criteria that are--
``(aa) established before the date on which applicants are
required to submit the applications;
``(bb) stated in terms of relative importance; and
``(cc) publicly available and stated in each solicitation
for applications for grants under this subsection made by the
Administrator.
``(II) Required criteria.--The selection criteria for a
grant under this subsection shall include--
``(aa) the total number of entrepreneurs served by the
applicant;
``(bb) the total number of new startup companies assisted
by the applicant;
``(cc) the percentage of clients of the applicant that are
socially or economically disadvantaged; and
``(dd) the percentage of individuals in the community
served by the applicant who are socially or economically
disadvantaged.
``(iii) Conditions for continued funding.--In determining
whether to make a grant under this subsection, the
Administrator--
``(I) shall consider the results of the most recent
evaluation of the women's business center for which a grant
under this subsection is sought, and, to a lesser extent,
previous evaluations; and
``(II) may withhold a grant under this subsection, if the
Administrator determines that the applicant has failed to
provide the information required to be provided under this
paragraph, or the information provided by the applicant is
inadequate.
``(D) Notification.--Not later than 60 days after the date
of each deadline to submit applications, the Administrator
shall approve or deny any application under this paragraph
and notify the applicant for each such application of the
approval or denial.
``(E) Record retention.--The Administrator shall maintain a
copy of each application submitted under this paragraph for
not less than 7 years.''; and
(B) by striking paragraph (5) and inserting the following:
``(5) Award to previous recipients.--There shall be no
limitation on the number of times the Administrator may award
a grant to an applicant under this subsection.''.
(b) Technical and Conforming Amendments.--Section 29 of the
Small Business Act (15 U.S.C. 656) is amended--
(1) in subsection (h)(2), by striking ``to award a contract
(as a sustainability grant) under subsection (l) or'';
(2) in subsection (j)(1), by striking ``The
Administration'' and inserting ``Not later than November 1 of
each year, the Administrator'';
(3) in subsection (k)--
(A) by striking paragraphs (1) and (4);
(B) by redesignating paragraph (3) as paragraph (4);
(C) by inserting before paragraph (2) the following:
``(1) In general.--There are authorized to be appropriated
to the Administration to carry out this section, to remain
available until expended, $26,750,000 for each of fiscal
years 2015 through 2019.''; and
(D) by inserting after paragraph (2) the following:
``(3) Continuing grant and cooperative agreement
authority.--
``(A) Prompt disbursement.--Upon receiving funds to carry
out this section for a fiscal year, the Administrator shall,
to the extent practicable, promptly reimburse funds to any
women's business center awarded financial assistance under
this section if the center meets the eligibility requirements
under this section.
``(B) Suspension or termination.--If the Administrator has
entered into a grant or cooperative agreement with a women's
business center under this section, the Administrator may not
suspend or terminate the grant or cooperative agreement,
unless the Administrator--
``(i) provides the women's business center with written
notification setting forth the reasons for that action; and
``(ii) affords the women's business center an opportunity
for a hearing, appeal, or other administrative proceeding
under chapter 5 of title 5, United States Code.'';
(4) in subsection (m)--
(A) in paragraph (2), by striking ``subsection (b) or (l)''
and inserting ``this subsection or subsection (b)''; and
(B) in paragraph (4)(D), by striking ``or subsection (l)'';
and
(5) by redesignating subsections (m), (n), and (o), as
amended by this Act, as subsections (l), (m), and (n),
respectively.
(c) Effect on Existing Grants.--
(1) Terms and conditions.--A nonprofit organization
receiving a grant under section 29(m) of the Small Business
Act (15 U.S.C. 656(m)), as in effect on the day before the
date of enactment of this Act, shall continue to receive the
grant under the terms and conditions in effect for the grant
on the day before the date of enactment of this Act, except
that the nonprofit organization may not apply for a renewal
of the grant under section 29(m)(5) of the Small Business Act
(15 U.S.C. 656(m)(5)), as in effect on the day before the
date of enactment of this Act.
(2) Length of renewal grant.--The Administrator may award a
grant under section 29(l) of the Small Business Act, as so
redesignated by subsection (a)(5) of this section, to a
nonprofit organization receiving a grant under section 29(m)
of the Small Business Act (15 U.S.C. 656(m)), as in effect on
the day before the date of enactment of this Act, for the
period--
(A) beginning on the day after the last day of the grant
agreement under such section 29(m); and
(B) ending at the end of the third fiscal year beginning
after the date of enactment of this Act.
SEC. 5. MATCHING REQUIREMENTS UNDER WOMEN'S BUSINESS CENTER
PROGRAM.
(a) In General.--Section 29(c) of the Small Business Act
(15 U.S.C. 656(c)), as amended by section 4 of this Act, is
amended--
(1) in paragraph (1), by striking ``As a condition'' and
inserting ``Subject to paragraph (6), as a condition''; and
(2) by adding at the end the following:
``(6) Waiver of non-federal share relating to technical
assistance and counseling.--
``(A) In general.--Upon request by a recipient
organization, and in accordance with this paragraph, the
Administrator may waive, in whole or in part, the requirement
to obtain non-Federal funds under this subsection for the
technical assistance and counseling activities of the
recipient organization carried out using financial assistance
under this section for a fiscal year. The Administrator may
not waive the requirement for a recipient organization to
obtain non-Federal funds under this paragraph for more than a
total of 2 consecutive fiscal years.
``(B) Considerations.--In determining whether to waive the
requirement to obtain
[[Page S5141]]
non-Federal funds under this paragraph, the Administrator
shall consider--
``(i) the economic conditions affecting the recipient
organization;
``(ii) the impact a waiver under this clause would have on
the credibility of the women's business center program under
this section;
``(iii) the demonstrated ability of the recipient
organization to raise non-Federal funds; and
``(iv) the performance of the recipient organization.
``(C) Limitation.--The Administrator may not waive the
requirement to obtain non-Federal funds under this paragraph
if granting the waiver would undermine the credibility of the
women's business center program under this section.
``(7) Solicitation.--Notwithstanding any other provision of
law, a recipient organization may--
``(A) solicit cash and in-kind contributions from private
individuals and entities to be used to carry out the
activities of the recipient organization under the project
conducted under this section; and
``(B) use amounts made available by the Administration
under this section for the cost of such solicitation and
management of the contributions received.''.
(b) Regulations.--
(1) In general.--The Administrator shall--
(A) except as provided in paragraph (2), and not later than
1 year after the date of enactment of this Act, publish in
the Federal Register proposed regulations by the
Administrator to carry out the amendments made to section 29
of the Small Business Act by this Act; and
(B) accept public comments on such proposed regulations for
not less than 60 days.
(2) Existing proposed regulations.--Paragraph (1)(A) shall
not apply to the extent proposed regulations by the
Administrator have been published on the date of enactment of
this Act that are sufficient to carry out the amendments made
to section 29 of the Small Business Act by this Act.
SEC. 6. STUDY AND REPORT ON ECONOMIC ISSUES FACING WOMEN'S
BUSINESS CENTERS.
(a) Study.--The Comptroller General of the United States
shall conduct a broad study of the unique economic issues
facing women's business centers located in covered areas to
identify--
(1) the difficulties such centers face in raising non-
Federal funds;
(2) the difficulties such centers face in competing for
financial assistance, non-Federal funds, or other types of
assistance;
(3) the difficulties such centers face in writing grant
proposals; and
(4) other difficulties such centers face because of the
economy in the type of covered area in which such centers are
located.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to Congress a report containing the results of the study
under subsection (a), which shall include recommendations, if
any, regarding how to--
(1) address the unique difficulties women's business
centers located in covered areas face because of the type of
covered area in which such centers are located;
(2) expand the presence of, and increase the services
provided by, women's business centers located in covered
areas; and
(3) best use technology and other resources to better serve
women business owners located in covered areas.
(c) Definition of Covered Area.--In this section, the term
``covered area'' means--
(1) any State that is predominantly rural, as determined by
the Administrator;
(2) any State that is predominantly urban, as determined by
the Administrator; and
(3) any State or territory that is an island.
SEC. 7. STUDY AND REPORT ON OVERSIGHT OF WOMEN'S BUSINESS
CENTERS.
(a) Study.--The Comptroller General of the United States
shall conduct a study of the oversight of women's business
centers by the Administrator, which shall include--
(1) an analysis of the coordination by the Administrator of
the activities of women's business centers with the
activities of small business development centers, the Service
Corps of Retired Executives, and Veteran Business Outreach
Centers;
(2) a comparison of the types of individuals and small
business concerns served by women's business centers and the
types of individuals and small business concerns served by
small business development centers, the Service Corps of
Retired Executives, and Veteran Business Outreach Centers;
and
(3) an analysis of performance data for women's business
centers that evaluates how well women's business centers are
carrying out the mission of women's business centers and
serving individuals and small business concerns.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to Congress a report containing the results of the study
under subsection (a), which shall include recommendations, if
any, for eliminating the duplication of services provided by
women's business centers, small business development centers,
the Service Corps of Retired Executives, and Veteran Business
Outreach Centers.
SEC. 8. SOLE SOURCE CONTRACTS FOR SMALL BUSINESS CONCERNS
OWNED AND CONTROLLED BY WOMEN.
(a) In General.--Section 8(m) of the Small Business Act (15
U.S.C. 637(m)) is amended by adding at the end the following:
``(7) Authority for sole source contracts for economically
disadvantaged small business concerns owned and controlled by
women in underrepresented industries.--A contracting officer
may award a sole source contract under this subsection to a
small business concern owned and controlled by women that
meets the requirements under paragraph (2)(A) if--
``(A) the small business concern owned and controlled by
women is in an industry in which small business concerns
owned and controlled by women are underrepresented, as
determined by the Administrator;
``(B) the contracting officer determines that the small
business concern owned and controlled by women is a
responsible contractor with respect to performance of the
contract opportunity;
``(C) the anticipated award price of the contract,
including options, is not more than--
``(i) $6,500,000, in the case of a contract opportunity
assigned a North American Industry Classification System code
for manufacturing; or
``(ii) $4,000,000, in the case of any other contract
opportunity; and
``(D) in the estimation of the contracting officer, the
contract award can be made at a fair and reasonable price.
``(8) Authority for sole source contracts for small
business concerns owned and controlled by women in
substantially underrepresented industries.--A contracting
officer may award a sole source contract under this
subsection to a small business concern owned and controlled
by women that meets the requirements under paragraph (2)(E)
if--
``(A) the small business concern owned and controlled by
women is in an industry in which small business concerns
owned and controlled by women are substantially
underrepresented, as determined by the Administrator;
``(B) the contracting officer determines that the small
business concern owned and controlled by women is a
responsible contractor with respect to performance of the
contract opportunity;
``(C) the anticipated award price of the contract,
including options, is not more than--
``(i) $6,500,000, in the case of a contract opportunity
assigned a North American Industry Classification System code
for manufacturing; or
``(ii) $4,000,000, in the case of any other contract
opportunity; and
``(D) in the estimation of the contracting officer, the
contract award can be made at a fair and reasonable price.''.
(b) Reporting on Goals for Sole Source Contracts for Small
Business Concerns Owned and Controlled by Women.--Section
15(h)(2)(E)(viii) of the Small Business Act (15 U.S.C.
644(h)(2)(E)(viii)) is amended--
(1) in subclause (IV), by striking ``and'' at the end;
(2) by redesignating subclause (V) as subclause (VIII); and
(3) by inserting after subclause (IV) the following:
``(V) through sole source contracts awarded under section
8(m)(7);
``(VI) through sole source contracts awarded under section
8(m)(8);
``(VII) by industry for contracts described in subclause
(III), (IV), (V), or (VI); and''.
(c) Deadline for Report on Underrepresented Industries
Accelerated.--Section 29(o)(2) of the Small Business Act (15
U.S.C. 656(o)(2)) is amended--
(1) by striking ``5 years after the date of enactment of
this subsection'' and inserting ``January 2, 2015''; and
(2) by striking ``5-year period'' and inserting ``2-year or
5-year period, as applicable,''.
(d) Technical and Conforming Amendments.--Section 8(m) of
the Small Business Act (15 U.S.C. 637(m)) is amended--
(1) in paragraph (2)(C), by striking ``paragraph (3)'' and
inserting ``paragraph (4)''; and
(2) in paragraph (5), by striking ``paragraph (2)(F)'' each
place it appears and inserting ``paragraph (2)(E)''.
SEC. 9. SMALL BUSINESS INTERMEDIARY LENDING PROGRAM.
Section 7(l) of the Small Business Act (15 U.S.C. 636(l))
is amended--
(1) in the subsection heading, by striking ``Pilot'';
(2) in paragraph (1)(B), by striking ``pilot'';
(3) in paragraph (2)--
(A) by striking ``3-year''; and
(B) by striking ``pilot'';
(4) in paragraph (4)--
(A) by striking subparagraph (B) and inserting the
following:
``(B) Loan limits.--
``(i) In general.--No single loan to an eligible
intermediary under this subsection may exceed $1,000,000.
``(ii) Total amount.--The total amount outstanding and
committed to an eligible intermediary by the Administrator
under the Program may not exceed $5,000,000.''; and
(B) by striking subparagraph (G) and inserting the
following:
``(G) Maximum amounts.--The Administrator may make loans
under the Program--
``(i) during each of fiscal years 2015, 2016, and 2017, in
a total amount of not more than $20,000,000; and
``(ii) during fiscal year 2018 and each fiscal year
thereafter, using such amounts as are made available for the
Program.''; and
(5) by striking paragraph (6).
[[Page S5142]]
SEC. 10. ACCESS TO CAPITAL FOR SMALL BUSINESS CONCERNS.
(a) Microloan Program.--Section 7(m) of the Small Business
Act (15 U.S.C. 636(m)) is amended--
(1) in paragraph (1)(B)(i), by striking ``short-term,'';
(2) in paragraph (3)(C), by striking ``$5,000,000'' and
inserting ``$7,000,000'';
(3) in paragraph (4)--
(A) by striking subparagraph (E); and
(B) by redesignating subparagraph (F) as subparagraph (E);
(4) in paragraph (6)--
(A) in subparagraph (A), by striking ``short-term,''; and
(B) by adding at the end the following:
``(F) Report to commercial credit reporting agencies.--The
Administrator shall establish a process under which an
intermediary that makes a loan to a small business concern
under this paragraph shall provide to 1 or more of the
commercial credit reporting agencies, through the
Administration or independently, including through third
party intermediaries, information on the small business
concern that is relevant to credit reporting, including the
payment activity of the small business concern on the
loan.'';
(5) in paragraph (7)--
(A) by striking ``Program'' and all that follows through
``Under'' and inserting the following: ``Number of
participants.--Under''; and
(B) by striking subparagraph (B);
(6) in paragraph (8), by striking ``such intermediaries''
and all the follows through the period at the end and
inserting the following: ``intermediaries that serve a
diversity of geographic areas in the United States to ensure
appropriate availability of loans for small business concerns
in all industries that are located in metropolitan,
nonmetropolitan, and rural areas.''; and
(7) in paragraph (11)(B), by striking ``short-term,''.
(b) Guarantee Fee Waiver.--During fiscal year 2016, the
Administrator may not collect a guarantee fee under section
7(a)(18)(A)(i) of the Small Business Act (15 U.S.C.
636(a)(18)(A)(i)) with respect to a loan guaranteed under
section 7(a) of such Act, unless amounts are made available
to the Administrator to subsidize the cost of guaranteeing
such loans for fiscal year 2016.
(c) Annual Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and every year thereafter, the Office
of Capital Access of the Administration shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives a report on assistance provided by the
Administration under--
(A) section 7(a) of the Small Business Act (15 U.S.C.
636(a));
(B) the microloan program;
(C) part A of title III of the Small Business Investment
Act of 1958 (15 U.S.C. 681 et seq.); and
(D) section 502 of the Small Business Investment Act of
1958 (15 U.S.C. 696).
(2) Requirement.--Each report required under paragraph (1)
shall include, for the year preceding the date on which the
report is submitted--
(A) for each type of assistance described under
subparagraphs (A), (B), and (D) of paragraph (1)--
(i) the number of loans made by the Administration;
(ii) the total amount of loans made by the Administration;
(iii) the percentage of the number and total amount of
loans made by the Administration to--
(I) rural small business concerns;
(II) small business concerns owned and controlled by
individuals with a disability;
(III) small business concerns owned and controlled by low-
income individuals, broken down by each racial or ethnic
minority group of which those individuals are members;
(IV) small business concerns owned and controlled by
veterans;
(V) small business concerns owned and controlled by women;
and
(VI) small business concerns owned and controlled by
members of a racial or ethnic minority group, broken down by
each such racial or ethnic minority group; and
(iv) the number of jobs created and retained by borrowers
as a result of such assistance; and
(B) for assistance described under subparagraph (C) of
paragraph (1)--
(i) the number of investments made by small business
investment companies;
(ii) the total amount of equity capital provided and loans
made by small business investment companies;
(iii) the percentage of the number of investments and loans
made and total amount of equity capital provided by small
business investment companies to--
(I) rural small business concerns;
(II) small business concerns owned and controlled by
individuals with a disability;
(III) small business concerns owned and controlled by low-
income individuals, broken down by each racial or ethnic
minority group of which those individuals are members;
(IV) small business concerns owned and controlled by
veterans;
(V) small business concerns owned and controlled by women;
and
(VI) small business concerns owned and controlled by
members of a racial or ethnic minority group, broken down by
each such racial or ethnic minority group;
(iv) the number of jobs created and retained by small
business concerns as a result of investments made by small
business investment companies; and
(v) the number of licenses issued by the Administration
under section 301(c) of the Small Business Investment Act (15
U.S.C. 681(c)), including the percentage of licenses issued
to entities headed by a woman or a member of a racial or
ethnic minority, respectively.
SEC. 11. SENSE OF THE SENATE.
It is the sense of the Senate that--
(1) access to capital for small business concerns owned and
controlled by women comes from a variety of sources,
including important contributions and early investments from
angel capital and other venture capital investors; and
(2) those investors should continue to work to develop
small business concerns owned and controlled by women to
expand the rate at which those women receive venture
investment.
______
By Mr. LEVIN (for himself, Mr. Durbin, and Mr. Reed):
S. 2704. A bill to prohibit the award of Federal Government contracts
to inverted domestic corporations, and for other purposes; to the
Committee on Homeland Security and Governmental Affairs.
Mr. LEVIN. Mr. President, earlier today I, along with Senator Dick
Durbin and Senator Jack Reed, introduced the No Federal Contracts for
Corporate Deserters Act. Our bill will put a stop to companies that
renounce their U.S. citizenship but come back to try to seek taxpayer
funded government contracts. There is an existing law on the books that
is supposed to ban Federal contracts with inverted corporations, but
just like with the tax code, after about a decade of lawyers looking
for loopholes in the law, a number of corporations have found them.
This bill would bring that ban up-to-date.
Over the last few months, there has been a growing rush of U.S.
corporations seeking to swear off their U.S. citizenship and move their
mailboxes, for tax purposes, to a low-tax jurisdiction. I don't think
that is right, and it is time we put a stop to it, which we can do by
passing the Stop Corporate Inversions Act I introduced 2 months ago
with 22 cosponsors.
Most Americans agree with us that taxpayer dollars shouldn't be used
for contracts with companies that move their addresses abroad to dodge
U.S. laws. And because of that, Congress has passed a series of
restrictions on contracting with inverted corporations over the last
decade. We passed one in 2002, and another in 2006 and 2007. Since
fiscal year 2008, a government-wide provision has been included in
every annual appropriations bill banning contracts with inverted
corporations.
Our bill would strengthen that ban by closing a number of loopholes
in the current law. Those loopholes have allowed some inverted
corporations to continue collecting revenue from American taxpayers,
while at the same time, shifting their tax burden onto those same
American taxpayers. Our bill also makes the existing ban, which has
been included in annual appropriations bills, permanent.
Some may say that the real reason for inversions is that our tax rate
is too high. It is true the top corporate rate is 35 percent. But the
effective tax rate--what corporations really pay--is about 12 percent.
When companies can go to places like Ireland or the Caribbean and
negotiate sweetheart deals to pay little or no taxes, there will always
be tax incentives for companies to abandon their country instead of
paying their tax bill, no matter what our tax rate is.
Some may say that we should wait for tax reform to address this
issue. There are two reasons why we shouldn't. First, if it happens at
all, tax reform is months or years away; these inversions are happening
now. Second, this is a bill about contracting. This bill doesn't amend
the tax code. I expect it will be referred to the Homeland Security and
Government Affairs Committee, not to the Finance Committee. So even
Senators who believe that fixing the tax inversions problem should wait
until comprehensive tax reform should be able to support this bill.
In the past, in similar circumstances, Congress has chosen to act--
overwhelmingly, and in a bipartisan fashion. This should not be a
partisan
[[Page S5143]]
issue. This is about fairness. It is simply unfair to businesses who
don't invert to have to compete with companies that do invert. This is
about putting American families who work hard and pay their share. We
shouldn't sacrifice the interests of those families. We shouldn't ask
them to send their hard-earned tax dollars to contractors who skip out
on their tax obligations. I look forward to working with my colleagues
to move this bill forward.
______
By Mr. DURBIN:
S. 2711. A bill to reauthorize the United States Commission on
International Religious Freedom, and for other purposes; to the
Committee on Foreign Relations.
Mr. DURBIN. Mr. President, today I am introducing the United States
Commission on International Religious Freedom, USCIRF, Reform and
Reauthorization Act of 2014.
This legislation would reauthorize the U.S. Commission on
International Religious Freedom, also known as USCIRF, while making
important reforms to the Commission to encourage bipartisanship,
enhance coordination with the State Department, and improve
Congressional oversight.
I strongly support USCIRF's mission of promoting and protecting
international religious freedom. My legislation will help USCIRF to
more effectively pursue this mission.
In 2011, I authored a number of reforms in the previous USCIRF
reauthorization legislation, including term limits for Commissioners; a
prohibition on employee discrimination; a requirement that
Commissioners follow federal travel regulations; and maintaining nine
Commissioners, rather than five Commissioners, as called for by the
House-passed reauthorization. I have heard from USCIRF that these
reforms have strengthened the Commission, and the legislation I am
introducing today will build on these reforms.
The USCIRF Reform and Reauthorization Act is supported by a broad
swath of religious and civic leaders and faith organizations,
including, Catholics in Alliance for the Common Good; the Evangelical
Lutheran Church of America; United Methodist Church, General Board of
Church and Society; HIAS; Muslim Public Affairs Council; Cardinal
Theodore E. McCarrick, Archbishop Emeritus of Washington and former
USCIRF Commissioner; Dr. William J. Shaw, Immediate Past President of
the National Baptist Convention, USA. Inc. and former USCIRF
Commissioner; former Congressman and USCIRF Commissioner Sam Gejdenson;
Sister Simone Campbell, Executive Director of NETWORK, A National
Catholic Social Justice Lobby; Rateb Rabie, President of the Holy Land
Christian Ecumenical Foundation; Dr. Azizah Al-Hibri, former USCIRF
Commissioner and Founder and Chair of KARAMAH: Muslim Women Lawyers for
Human Rights; Rev. Drew Christiansen, S.J., Distinguished Professor of
Ethics and Global Development at Georgetown University; Dr. Alfred
Rotondaro, Senior Fellow at the Center for American Progress; Dr. Laila
Al-Marayati, former USCIRF Commissioner; and Benjamin Palumbo, Board of
Trustees, Catholics United.
There is bipartisan agreement about the need for our government to
promote and protect international religious freedom. USCIRF is, by
design, a bipartisan organization, with Commissioners appointed by the
President and Congressional leaders, and USCIRF can most effectively
promote religious freedom by doing so on a bipartisan basis. This issue
is too important to be stymied by the excessive partisanship which too
often leads to political gridlock in Washington.
It is to be expected that the members of a bipartisan Commission will
not always reach consensus. However, I am troubled that some
Commissioners have on occasion engaged in partisan rhetoric that is not
conducive to USCIRF's bipartisan mission and does not represent
USCIRF's official views.
For example, one Commissioner recently appeared on Fox News' Hannity
program, and, after identifying himself as a member of USCIRF, claimed
that former Secretary of State Hillary Clinton had failed to take steps
to combat Boko Haram in Nigeria and accused the Obama Administration of
having ``no strategy'' for combating terrorism. Mother Commissioner
testified in Congress on behalf of USCIRF and said that the Obama
Administration ``sends a message to other countries that we don't
care'' about religious freedom.
The USCIRF Reform and Reauthorization Act will facilitate
bipartisanship by taking a number of steps. First, the legislation will
codify USCIRF's existing procedures for the election of a Chair and
Vice Chair so that these positions rotate annually between
Commissioners appointed by elected officials of each political party.
This will help ensure continued bipartisan leadership at the
Commission.
Second, this bill will establish a dedicated bipartisan staff as a
complement to nonpartisan professional staff. The legislation permits
Commissioners appointed by elected officials of each political party to
appoint designated Staff Directors and three designated staff members.
This will help foster a bipartisan environment at USCIRF.
Third, the bill will codify procedures for publishing the views of
the Commission. The bill encourages Commissioners to reach consensus on
statements on behalf of the Commission. When consensus is not possible,
the bill requires a statement to be approved by at least six of the
nine Commissioners. This supermajority requirement is current USCIRF
policy for the approval of statements that are circulated
electronically. Codifying this policy will ensure that at least one
Commissioner of each political party supports every Commission
statement.
USCIRF has noted that it is the only organization of its kind in the
world. The Government Accountability Office, GAO, recently issued a
report on USCIRF which highlights some of the challenges inherent to
USCIRF's unique mission.
The GAO notes that there are two governmental entities charged with
promoting international religious freedom: USCIRF and the State
Department's Office of International Religious Freedom. The GAO found
that these overlapping missions and ``the lack of a definition
regarding how State and the Commission are to interact has sometimes
created foreign policy tensions that State has had to mitigate.'' The
GAO notes that State Department officials highlighted several instances
``when the Commission's approach with foreign government officials
created bilateral tensions.''
The GAO's concerns about the overlap between State and USCIRF are
serious enough that it included USCIRF in its annual duplication
report. As my colleagues know, Senator Coburn authored legislation
requiring GAO to issue this report to identify unnecessary duplication
in the federal government.
I am concerned that the lack of coordination between the State
Department and USCIRF may undermine our government's efforts to promote
international religious freedom by sending mixed messages to foreign
governments and human-rights activists who are fighting to defend
religious freedom in their countries.
Consider another example. The State Department and USCIRF both
produce an annual report on international religious freedom. Under
current law, USCIRF is required to publish its report ``[n]ot later
than May 1 of each year,'' but the State Department's report is often
not completed before May 1. This forces USCIRF to issue its report
prior to publication of the State Department report, which leads to
unnecessary duplication of efforts, saps USCIRF's limited staff
resources, and prevents USCIRF from opining on the State Department
report.
The USCIRF Reform and Reauthorization Act will enhance cooperation
between USCIRF and the State Department with two measures. First, it
clarifies that the Ambassador at Large for International Religious
Freedom, as an ex officio member of USCIRF, is permitted to attend all
Commission meetings. GAO's duplication report specifically highlights
the failure to define the role of the Ambassador at Large as an ex
officio member of USCIRF.
Second, this legislation requires USCIRF to publish its annual report
after reviewing the State Department's annual report on International
Religious Freedom. This division of labor takes advantage of the State
Department's worldwide presence and much larger staff to draft a
comprehensive report. It also takes advantage of
[[Page S5144]]
USCIRF's unique role to provide an independent and bipartisan
commentary on the State Department report.
USCIRF is a part of the legislative branch and it is ultimately the
responsibility of Congress to oversee USCIRF's work and ensure that it
is effectively pursuing its mission. The need for greater Congressional
oversight of USCIRF has been highlighted by concerns about USCIRF's
practices, including, for example, the work environment at USCIRF for
religious minorities, particularly prior to the 2011 reauthorization.
In the past, human rights advocates made allegations about financial
improprieties at USCIRF, particularly that USCIRF Commissioners had
made lavish travel arrangements. As a result, in 2011 I authored a
provision clarifying that USCIRF Commissioners are subject to Federal
travel regulations.
I was troubled to learn about more allegations of financial
irregularities at USCIRF only a few weeks after the last
reauthorization. In early 2012, USCIRF staff notified my office that
USCIRF's office manager had been involved in embezzlement and fraud for
several years. The office manager subsequently pled guilty and was
sentenced to 20 months in prison for embezzling $217,000 from 2007-
2011. This is a significant amount of taxpayer money in any
circumstance, but particularly for a small organization like USCIRF.
I am also concerned about unresolved claims that USCIRF, an
organization charged with protecting religious freedom, discriminated
against a former employee on the basis of her religion.
In 2011, I included language in the last USCIRF reauthorization
providing anti-discrimination protections to USCIRF employees and
allowing pending civil rights claims to proceed. The impetus for this
provision was a lawsuit filed by a former USCIRF employee, who claimed
that her permanent employment offer was rescinded after the
Commissioners learned of her prior job with a Muslim civil rights
organization. USCIRF did not deny the discrimination claim. Instead,
they argued that USCIRF employees do not have federal civil rights
protections.
Unfortunately, the lawsuit is still pending. I understand that
USCIRF's lawyers have refused to enter into settlement negotiations
with the Commission's former employee and instead are aggressively
litigating the case.
As Christianity Today said, ``the trial will be one of the most
ironic in American history, with the congressional commission charged
with monitoring religious freedom around the world defending its own
employment practices in court.''
In light of these concerns, the USCIRF Reform and Reauthorization Act
would improve Congressional oversight by reauthorizing the Commission
for two years. A 2-year reauthorization period will allow the
Commission to continue to pursue its important mission while Congress
closely monitors USCIRF's activities to assure the reforms in this
legislation are fully implemented.
I strongly support the mission of the U.S. Commission on
International Religious Freedom to protect and promote international
religious freedom. I believe the reforms in my legislation will help
USCIRF more effectively pursue this mission.
I urge my colleagues to support the USCIRF Reform and Reauthorization
Act so that USCIRF can quickly be reauthorized with these important
reforms.
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. 2711
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 ``United States Commission on
International Religious Freedom Reform and Reauthorization
Act of 2014''.
SEC. 2. ESTABLISHMENT AND COMPOSITION.
(a) Leadership.--Subsection (d) of section 201 of the
International Religious Freedom Act of 1998 (22 U.S.C.
6431(d)) is amended to read as follows:
``(d) Election of Chair.--At the first meeting of the
Commission after May 30 of each year, a majority of the
Members of the Commission present and voting shall elect the
Chair and Vice Chair of the Commission, subject to the
following requirements:
``(1) Initial elections.--At the first meeting of the
Commission after May 30, 2015, the Members of the Commission
shall elect as Chair a Commissioner appointed by an elected
official of the political party that is not the political
party of the President, and as Vice Chair a Commissioner
appointed by an elected official of the political party of
the President.
``(2) Future elections.--At the first meeting of the
Commission after May 30, 2016, the Members of the Commission
shall elect as Chair a Commissioner appointed by an elected
official of the political party of the President, and as Vice
Chair a Commissioner appointed by an elected official of the
political party that is not the political party of the
President. Thereafter, positions of Chair and Vice Chair
shall continue to rotate on an annual basis between
Commissioners appointed by elected officials of each
political party.
``(3) Term limits.--No Member of the Commission is eligible
to be elected as Chair of the Commission for a second term,
and no Member of the Commission is eligible to be elected as
Vice Chair of the Commission for a second term.''.
(b) Attendance at Meetings of Ambassador at Large for
International Religious Freedom.--Subsection (f) of such
section (22 U.S.C. 6431(f)) is amended by adding at the end
the following: ``The Ambassador at Large shall be given
advance notice of all Commission meetings and may attend all
Commission meetings as a non-voting Member of the
Commission.''.
(c) Appointments in Cases of Vacancies.--Subsection (g) of
such section (22 U.S.C. 6431(g)) is amended by striking the
second sentence.
SEC. 3. POWERS OF THE COMMISSION.
Section 203(e) of the International Religious Freedom Act
of 1998 (22 U.S.C. 6432a) is amended to read as follows:
``(e) Views of the Commission.--The Members of the
Commission may speak in their capacity as private citizens.
Statements on behalf of the Commission shall be issued in
writing over the names of the Members. Members of the
Commission shall make every effort to reach consensus on all
statements on behalf of the Commission, including testimony,
press releases, and articles by Commissioners or Commission
staff. When a statement supported by all Commissioners is not
possible, the Commission shall issue a statement only if such
statement is approved by an affirmative vote of at least six
of the nine Members of the Commission and each Member of the
Commission may include the individual or dissenting views of
the Member. The Commission shall in its written statements
clearly describe its statutory authority, distinguishing that
authority from that of appointed or elected officials of the
United States Government. Oral statements, where practicable,
shall include a similar description.''.
SEC. 4. COMMISSION PERSONNEL MATTERS.
(a) Staff Directors.--Section 204 of the International
Religious Freedom Act of 1998 (22 U.S.C. 6432b) is amended by
striking subsections (a), (b), and (c) and inserting the
following new subsections:
``(a) Committee Functions.--Subject to subsection (c), the
Commission may appoint and fix the pay of such staff
personnel as it deems desirable. All decisions pertaining to
the hiring, firing, and fixing of pay of personnel of the
Commission shall be by an affirmative vote of at least six of
the nine Members of the Commission, except that--
``(1) Members of the Commission appointed by an elected
official of the political party of the President, by a
majority vote thereof, shall be entitled to appoint,
terminate, and fix the pay of a Majority Staff Director and
shall have the authority to appoint, terminate, and fix the
pay of three professional staff members who shall be
responsible to the Members of the Commission of the political
party of the President; and
``(2) Members of the Commission appointed by an elected
official of the political party that is not the political
party of the President, by a majority vote thereof, shall be
entitled to appoint, terminate, and fix the pay of a Minority
Staff Director and shall have the authority to appoint,
terminate, and fix the pay of three professional staff
members who shall be responsible to the Members of the
Commission of the political party that is not the political
party of the President.
``(b) Staff Appointments and Compensation.--All staff
appointments shall be made without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5
relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the Majority Staff
Director, Minority Staff Director, and other personnel may
not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title.
``(c) Qualifications of Professional Staff.--The Commission
shall ensure that the professional staff of the Commission
consists of persons with expertise in areas relevant to the
issue of international religious freedom, including foreign
affairs, direct experience abroad, human rights, and
international law.''.
(b) Conforming Amendments.--Subsection (e) of such section
(22 U.S.C. 6432b(e)) is amended by striking ``The Executive
Director'' both places it appears and inserting ``The
Majority Staff Director and the Minority Staff Director''.
[[Page S5145]]
SEC. 5. REPORT OF COMMISSION.
(a) Report Publication Date.--Section 205(a) of the
International Religious Freedom Act of 1998 (22 U.S.C.
6433(a)) is amended by striking ``Not later than May 1 of
each year'' and inserting ``Each year, not earlier than 30
days after, and not later than 90 days after, the publication
of the Department of State's Annual Report on International
Religious Freedom''.
(b) Consensus on Reports.--Section 205(c) of the
International Religious Freedom Act of 1998 (22 U.S.C.
6433(c)) is amended to read as follows:
``(c) Individual or Dissenting Views.--Members of the
Commission shall make every effort to reach consensus on the
report. When a report supported by all Commissioners is not
possible, the report shall be approved by an affirmative vote
of at least six of the nine Members of the Commission and
each Member of the Commission may include the individual or
dissenting views of the Member.''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Section 207(a) of the International Religious Freedom Act
of 1998 (22 U.S.C. 6435(a)) is amended by striking ``2014''
and inserting ``2016''.
SEC. 7. TERMINATION.
Section 209 of the International Religious Freedom Act of
1998 (22 U.S.C. 6436) is amended by striking ``September 30,
2014'' and inserting ``September 30, 2016''.
______
By Mr. DURBIN:
S. 2712. A bill to amend section 455(m) of the Higher Education Act
of 1965 in order to allow adjunct faculty members to qualify for public
service loan forgiveness; to the Committee on Health, Education, Labor,
and Pensions.
Mr. DURBIN. Mr. President, today I introduced the Adjunct Faculty
Loan Fairness Act, a bill that would make adjunct professors eligible
to participate in the Public Service Student Loan Forgiveness Program.
Contingent faculty members are like full-time instructors. They have
advanced degrees. They teach classes and spend many hours outside the
classroom preparing for class. They hold office hours, grade papers and
give feedback to students. They provide advice and write letters of
recommendation. Students rely on them. Since most adjuncts have
advanced degrees and, as almost 75 percent of graduate degree
recipients have an average of $61,000 in student loans, they are also
among the 40 million Americans with student debt.
The Public Service Loan Forgiveness program is meant to encourage
graduates to go into public service by offering student loan
forgiveness for eligible federal loans after ten years of full-time
work in government or the non-profit sector. Public service fields like
nursing, military service, and public health qualify. And many
education jobs qualify, including full-time work at public universities
and part-time work at community colleges in high-needs subject areas or
areas of shortage. But other faculty members who work part-time are not
eligible for loan forgiveness because the law requires an annual
average of 30 hours per week to qualify for the program. For adjunct
faculty working at several schools on a contingent basis, this
requirement can be difficult or impossible to meet, even when they are
putting in more than 30 hours of work each week.
The number of faculty hours given for each class is calculated
differently at different schools. Some give one hour per hour in the
classroom while others actually take into consideration the time
required outside the classroom. So, even as these faculty members are
working hard and as their options for tenured, full-time positions
become slimmer, more of them are overworked and undervalued for their
work in public service.
The Adjunct Faculty Loan Fairness Act of 2014 would solve this by
amending the Higher Education Act to expand the definition of a
``public service job'' to include a part-time faculty member who
teaches at least one course at an eligible institution of higher
education. They would still have to meet all the other requirements to
qualify for the program, including making 120 on-time payments while
employed at a qualifying institution, and they could not be employed
full-time elsewhere at the same time.
This bill would benefit someone like David Weiss, an adjunct
professor from St. Paul, Minnesota, who graduated with $48,000 in
student debt and, after 12 years of on-time payments, has $35,000 left.
Like most adjuncts, David has dealt with uncertain job security. In
good years, he is able to teach 5 to 7 courses a year, but recently he
has only been offered two to three courses. He supplements his income
from teaching with other part-time work. This bill would ensure that
David and many thousands like him, could obtain credit towards PSLF for
payments made while teaching whether or not he was teaching one course
or 7.
Unfortunately, for all their contributions to the college programs
and the students they work with, adjunct faculty don't have the same
employment benefits or job security as their colleagues. The number of
classes they teach every semester varies. To make ends meet, these
professors often end up teaching classes at more than one school in the
same semester, getting paid about $3,000 per class and making an
average annual income that hovers around minimum wage. This also means
that, in some parts of the country, they spend as much time commuting
as they do teaching.
Nationally, \2/3\ of all higher education faculty work on a
contingent basis, with low pay and little or no benefits or job
security. In the past, these were a minority of professors who were
hired to teach an occasional class because they could bring experience
to the classroom in a specific field or industry. Over time, as
university budgets have tightened and it has gotten more expensive to
hire full-time, tenure track professors, higher education institutions
have increasingly hired adjuncts.
From 1991 to 2011, the number of part-time faculty in the U.S.
increased two and a half times from 291,000 to over 760,000. At the
same time, the percentage of professors holding tenure-track positions
has been steadily decreasing--from 45 percent of all instructors in
1975 to only 24 percent in 2011. The number of full-time instructors,
tenured and non-tenured, now makes up only about 50 percent of
professors on U.S. campuses. The other 50 percent of the 1.5 million
faculty employees at public and non-profit colleges and universities in
the U.S. work on a part-time, contingent basis.
Illinois colleges rely heavily on adjuncts. In 2012, 53 percent of
all faculty at public and not-for-profit colleges and universities in
the State, more than 30,400 faculty employees, worked on a part-time
basis. This is a 52.6 percent increase in part-time faculty in Illinois
compared to a 13 percent increase in full-time faculty since 2002.
Not surprisingly, in Illinois, 69 percent of all part-time faculty
work in Chicago, where the cost of living is 16 percent higher than the
U.S. average. Based on an average payment of $3,000 per class an
adjunct professor must teach between seventeen and thirty classes a
year to pay for rent and utilities in Chicago.
They would have to teach up to 7 classes to afford groceries for a
family of four and two to four classes per year just to cover student
loan payments. Because they are part-time, they are not eligible for
vacation time, paid sick days, or group health-care. So they would have
to teach an additional two to three classes to afford family coverage
from the lowest priced health insurance offered on Get Covered
Illinois, the official health marketplace.
Even though these professors are working in a relatively low-paying
field, teaching our students, their part-time status also means they
aren't eligible for the Public Service Loan Forgiveness Program.
This bill does not completely fix this growing reliance on part-time
professors who are underpaid and undervalued. But it would ensure that
members of the contingent faculty workforce are no longer excluded from
the loan forgiveness program for public servants. I hope my colleagues
will join me in the effort to provide this benefit to faculty members
who provide our students with a quality education.
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. 2712
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 ``Adjunct Faculty Loan
Fairness Act of 2014''.
[[Page S5146]]
SEC. 2. LOAN FORGIVENESS FOR ADJUNCT FACULTY.
Section 455(m)(3)(B)(ii) of the Higher Education Act of
1965 (20 U.S.C. 1087e(m)(3)(B)(ii)) is amended--
(1) by striking ``teaching as'' and inserting the
following: ``teaching--
``(I) as'';
(2) by striking ``, foreign language faculty, and part-time
faculty at community colleges), as determined by the
Secretary.'' and inserting ``and foreign language faculty),
as determined by the Secretary; or''; and
(3) by adding at the end the following:
``(II) as a part-time faculty member or instructor who--
``(aa) teaches not less than 1 course at an institution of
higher education (as defined in section 101(a)), a
postsecondary vocational institution (as defined in section
102(c)), or a Tribal College or University (as defined in
section 316(b)); and
``(bb) is not employed on a full-time basis by any other
employer.''.
____________________