S 3196 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 3196CommentsClose CommentsPermalink

To establish the National Women’s High-Growth Business Bipartisan Task Force, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

May 17, 2012CommentsClose CommentsPermalink

Ms. SNOWE (for herself and Ms. LANDRIEU) introduced the following bill; which was read twice and referred to the Committee on Small Business and EntrepreneurshipCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To establish the National Women’s High-Growth Business Bipartisan Task Force, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘National Women’s High-Growth Business Bipartisan Task Force Act of 2012’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act--CommentsClose CommentsPermalink





(1) the terms ‘Administration’ and ‘Administrator’ mean the Small Business Administration and the Administrator thereof, respectively;CommentsClose CommentsPermalink





(2) the term ‘Task Force’ means the National Women’s High-Growth Business Bipartisan Task Force established under section 3; andCommentsClose CommentsPermalink





(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)).CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) the Administrator;CommentsClose CommentsPermalink





(2) the Assistant Administrator of the Office of Women’s Business Ownership of the Administration;CommentsClose CommentsPermalink





(3) Congress;CommentsClose CommentsPermalink





(4) the President; andCommentsClose CommentsPermalink





(5) other Federal departments and agencies.CommentsClose CommentsPermalink





(b) Membership-CommentsClose CommentsPermalink





(1) NUMBER OF MEMBERS- The Task Force shall be composed of 15 members, of which--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(C) 5 shall be individuals who represent women’s business organizations, including women’s business centers and women’s business advocacy groups.CommentsClose CommentsPermalink





(2) APPOINTMENT OF MEMBERS-CommentsClose CommentsPermalink





(A) OWNERS OF SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY WOMEN- Of the members of the Task Force described in paragraph (1)(A)--CommentsClose CommentsPermalink





(i) 2 shall be appointed by the Chairperson of the Committee on Small Business and Entrepreneurship of the Senate;CommentsClose CommentsPermalink





(ii) 2 shall be appointed by the Ranking Member of the Committee on Small Business and Entrepreneurship of the Senate;CommentsClose CommentsPermalink





(iii) 2 shall be appointed by the Chairperson of the Committee on Small Business of the House of Representatives; andCommentsClose CommentsPermalink





(iv) 2 shall be appointed by the Ranking Member of the Committee on Small Business of the House of Representatives.CommentsClose CommentsPermalink





(B) OTHER MEMBERS- The members of the Task Force described in subparagraphs (B) and (C) of paragraph (1) shall be appointed by the Administrator.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(E) POLITICAL AFFILIATION- Not more than 8 members of the Task Force may be members of the same political party.CommentsClose CommentsPermalink





(3) CHAIRPERSON-CommentsClose CommentsPermalink





(A) ELECTION OF CHAIRPERSON- The members of the Task Force shall elect 1 member of the Task Force as Chairperson of the Task Force.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) TERM OF SERVICE-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in subparagraph (B), the term of service of each member of the Task Force shall be 3 years.CommentsClose CommentsPermalink





(B) TERMS OF INITIAL APPOINTEES- Of the members of the Task Force first appointed after the date of enactment of this Act--CommentsClose CommentsPermalink





(i) 6 shall be appointed for a term of 4 years, including--CommentsClose CommentsPermalink





(I) 1 member appointed by the individuals described in each of clauses (i), (ii), (iii), and (iv) of paragraph (2)(A); andCommentsClose CommentsPermalink





(II) 2 members appointed by the Administrator; andCommentsClose CommentsPermalink





(ii) 5 shall be appointed for a term of 5 years, including--CommentsClose CommentsPermalink





(I) 1 member appointed by the individuals described in each of clauses (i), (ii), (iii), and (iv) of paragraph (2)(A); andCommentsClose CommentsPermalink





(II) 1 member appointed by the Administrator.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(6) PROHIBITION ON FEDERAL EMPLOYMENT-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(7) COMPENSATION AND EXPENSES-CommentsClose CommentsPermalink





(A) NO COMPENSATION- Each member of the Task Force shall serve without compensation.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Duties- The Task Force shall--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(5) examine the link between women who own small business concerns and intellectual property, including--CommentsClose CommentsPermalink





(A) the number of patents, trademarks, and copyrights granted to women; andCommentsClose CommentsPermalink





(B) the challenges faced by high-growth small business concerns owned and controlled by women in obtaining and enforcing intellectual property rights.CommentsClose CommentsPermalink





(d) Powers-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) INFORMATION FROM FEDERAL AGENCIES- Upon request of the Chairperson of the Task 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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(5) GIFTS- The Task Force may accept, use, and dispose of gifts or donations of services or property.CommentsClose CommentsPermalink





(e) Meetings-CommentsClose CommentsPermalink





(1) IN GENERAL- The Task Force shall meet--CommentsClose CommentsPermalink





(A) not less than 3 times each year;CommentsClose CommentsPermalink





(B) at the call of the Chairperson; andCommentsClose CommentsPermalink





(C) upon the request of--CommentsClose CommentsPermalink





(i) the Administrator;CommentsClose CommentsPermalink





(ii) the Chairperson and Ranking Member of the Committee on Small Business and Entrepreneurship of the Senate; orCommentsClose CommentsPermalink





(iii) the Chairperson and Ranking Member of the Committee on Small Business of the House of Representatives.CommentsClose CommentsPermalink





(2) PARTICIPATION OF FEDERAL AGENCIES-CommentsClose CommentsPermalink





(A) PARTICIPATION ENCOURAGED- The Task Force shall allow and encourage participation in meetings by representatives from Federal agencies.CommentsClose CommentsPermalink





(B) FUNCTIONS OF REPRESENTATIVES OF FEDERAL AGENCIES- A representative from a Federal agency--CommentsClose CommentsPermalink





(i) may be used as a resource; andCommentsClose CommentsPermalink





(ii) may not vote or otherwise act as a member of the Task Force.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(f) Reports-CommentsClose CommentsPermalink





(1) REPORTS BY TASK FORCE-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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);CommentsClose CommentsPermalink





(ii) the findings and recommendations of the Task Force; andCommentsClose CommentsPermalink





(iii) the recommendations of the Task Force for--CommentsClose CommentsPermalink





(I) promoting intellectual property rights for high-growth small business concerns owned and controlled by women; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) FORM OF REPORTS- The report required under subparagraph (A) shall include--CommentsClose CommentsPermalink





(i) any concurring or dissenting views of the Administrator; andCommentsClose CommentsPermalink





(ii) the minutes of each meeting of the Task Force.CommentsClose CommentsPermalink





(2) REPORTS BY CHIEF COUNSEL FOR ADVOCACY-CommentsClose CommentsPermalink





(A) STUDIES-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(ii) TOPICS- The topic of a study under clause (i) shall--CommentsClose CommentsPermalink





(I) be an issue that the Task Force determines is critical to furthering the interests of small business concerns owned and controlled by women; andCommentsClose CommentsPermalink





(II) relate to--CommentsClose CommentsPermalink

(aa) Federal prime contracts and subcontracts awarded to small business concerns owned and controlled by women;CommentsClose CommentsPermalink

(bb) access to credit and investment capital by women entrepreneurs;CommentsClose CommentsPermalink

(cc) acquiring and enforcing intellectual property rights; orCommentsClose CommentsPermalink

(dd) any other issue relating to small business concerns owned and controlled by women that the Task Force determines is appropriate.CommentsClose CommentsPermalink

(iii) CONTRACTING- In conducting a study under this subparagraph, the Chief Counsel may contract with a public or private entity.CommentsClose CommentsPermalink





(B) REPORT- The Chief Counsel for Advocacy shall--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(ii) make each report submitted under clause (i) available to the public online.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 4. REPEAL.

(a) Final Reports- Not later than 90 days after the date of enactment of this Act--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.).CommentsClose CommentsPermalink





(c) Technical and Conforming Amendments- The Small Business Act (15 U.S.C. 631 et seq.) is amended--CommentsClose CommentsPermalink





(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’; andCommentsClose CommentsPermalink





(2) in section 29(g) (15 U.S.C. 656(g))--CommentsClose CommentsPermalink





(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’; andCommentsClose CommentsPermalink





(B) in paragraph (2)(B)(ii)--CommentsClose CommentsPermalink





(i) in subclause (VI), by adding ‘and’ at the end;CommentsClose CommentsPermalink





(ii) in subclause (VII), by striking the semicolon at the end and inserting a period; andCommentsClose CommentsPermalink





(iii) by striking subclauses (VIII), (IX), and (X).CommentsClose CommentsPermalink





(d) Effective Date- The amendments made by subsections (b) and (c) shall take effect 90 days after the date of enactment of this Act.CommentsClose CommentsPermalink