[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9433 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 9433
To provide for the establishment of a Commission on the Advancement of
Social Enterprise, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 6, 2022
Mr. Cicilline introduced the following bill; which was referred to the
Committee on Oversight and Reform
_______________________________________________________________________
A BILL
To provide for the establishment of a Commission on the Advancement of
Social Enterprise, and for other purposes.
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 ``Social Enterprise Ecosystem and
Economic Development Commission Act of 2022'' or as the ``SEEED
Commission Act of 2022''.
SEC. 2. COMMISSION ON THE ADVANCEMENT OF SOCIAL ENTERPRISE.
(a) Establishment.--There is established a commission to be known
as the Commission on the Advancement of Social Enterprise (referred to
in this section as the ``Commission'').
(b) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) does not apply to the Commission.
(c) Members.--The members of the Commission shall be each of the
following or their designees:
(1) The Administrator of the Small Business Administration.
(2) The Administrator of the Economic Development
Administration.
(3) The Assistant to the President for Domestic Policy.
(4) The Commissioner of Internal Revenue.
(5) The Secretary of Labor.
(6) The Director of the National Economic Council.
(7) The Chair of the Council of Economic Advisors.
(8) The Secretary of the Treasury.
(9) The Secretary of Commerce.
(10) The Secretary of Housing and Urban Development.
(11) The Chair of the Securities and Exchange Commission.
(d) Operation.--
(1) Chair.--The Director of the Domestic Policy Council
shall serve as the Chair of the Commission.
(2) Meetings.--
(A) In general.--The Commission shall meet at the
call of the Chair.
(B) Initial meeting.--The initial meeting shall
take place not later than 30 days after the date of the
enactment of this Act.
(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(4) Rules.--The Commission may establish, by majority vote,
any rules for the conduct of Commission business, in accordance
with this Act and other applicable law.
(e) Duties.--
(1) In general.--The Commission shall examine and make
recommendations with respect to ways the Federal Government can
support and utilize the transformative power of social
enterprises.
(2) Defining social enterprise.--Not later than 1 year
after the initial meeting of the Commission, the Commission
shall establish criteria for identifying social enterprises,
which may include nonprofit and for-profit organizations, for
purposes of Federal programs. The Commission shall consider
research and scholarship on social enterprise and the input of
practitioners and policy experts within the social enterprise
field.
(3) Study activities.--
(A) In general.--The Commission shall identify
opportunities for the Federal Government to more
effectively engage social enterprises in creating jobs
and strengthening local economies while achieving
optimal outcomes in addressing policy challenges at the
national, State, and local level. The Commission shall
receive and consider reports and testimony from
individuals, government departments, State and local
elected officials, community-based organizations,
nonprofit organizations, faith-based organizations,
foundations, and other public and private organizations
statewide and of national significance on the
following:
(i) How social enterprise can accelerate
progress on social and environmental issues.
(ii) How social enterprises work in a
cross-sector manner.
(iii) How social enterprise can advance
social and economic development goals.
(B) Areas of study and recommendation.--The areas
studied and potential recommendations offered by the
Commission under this paragraph shall include the
following:
(i) The role of social enterprises in the
United States economy.
(ii) The role of social enterprises in
addressing economic, social, and environmental
policy challenges across all levels of
government.
(iii) The role of social enterprises as
community support and development entities.
(iv) A statistical and qualitative
examination of social enterprise within the
United States and the contribution of social
enterprise to the social and economic
development of the United States.
(v) Means through which the Federal
Government can assist in enhancing the capacity
of social enterprises.
(vi) Corporate legal structures that foster
or impede the development of social enterprises
or the ability of organizations that are not
social enterprises to partner with social
enterprises.
(vii) How to reform the Internal Revenue
Code of 1986 to reduce obstacles that social
enterprises face when addressing social issues
and creating economic value through innovative
methods.
(viii) How to encourage impact investing,
including reforming Federal securities laws and
fiduciary duty for financial relationships.
(ix) How to use financial tools, financial
instruments, and financial institutions to
promote the development and growth of social
enterprise.
(x) How the Federal Government can make use
of community development financial institutions
programs to benefit social enterprises.
(xi) How various sectors (including
philanthropic, for-profit, and nonprofit
sectors) and levels of government interact with
social enterprises.
(xii) Review of the process through which
social enterprises (for-profit and nonprofit
organizations) obtain Federal loans, grants,
and contracts and offer recommendations for
improving these processes in light of the
special needs and contributions of social
enterprises.
(xiii) Review of the process, policies, and
procedures through which social enterprises
(for-profit and nonprofit organizations) access
Federal contracting opportunities and offer
recommendations for improving the access of
social enterprises to such opportunities.
(xiv) How the Federal Government can play a
role in developing a purchasing directory of
social enterprises within the United States
that can be supported by citizens, businesses,
and government.
(xv) Opportunities for the Federal
Government to develop and expand research and
the collection and analysis of longitudinal
data on social enterprises.
(xvi) Barriers to social enterprise growth.
(xvii) Opportunities for the development of
an entity or initiative to support
intermediaries that will promote and invest in
social enterprise.
(xviii) Identification of the appropriate
entity within the Federal Government--
(I) to prepare and submit to
Congress an annual report on the impact
of social enterprises in the United
States and the extent to which the
Federal Government interacts with,
supports, and invests in social
enterprises; and
(II) where appropriate, to monitor
and update the areas of study listed in
this subparagraph.
(xix) Barriers that prevent corporations or
organizations that are not social enterprises
from operating like social enterprises and what
incentives or structures would encourage them
to operate more like social enterprises.
(f) Powers of the Commission.--
(1) Hearings.--The Commission may hold such hearings and
collect such information as appropriate for carrying out this
section.
(2) Information.--Except as otherwise prohibited by law,
the Commission may secure directly from any agency information
the Commission considers necessary to carry out this section.
Upon the request of the Commission, the head of the agency
shall furnish information requested under this paragraph to the
Commission.
(3) Contract authority.--The Commission may enter into
contracts for research to inform the deliberations of the
Commission.
(4) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
agencies.
(5) Advisory council.--The Commission may establish an
advisory council of relevant nonprofit organizations and for-
profit organizations.
(g) Commission Personnel Matters.--
(1) Detail of federal employees.--On the affirmative vote
of \2/3\ of the members of the Commission and the approval of
the appropriate head of the agency, an employee of the Federal
Government at GS-13 level or higher may be detailed to the
Commission without reimbursement, and such detail shall be
without interruption or loss of civil service status, benefits,
or privileges.
(2) Staff.--
(A) In general.--
(i) Appointment and compensation.--The
Chair of the Commission, in accordance with
rules agreed upon by the Commission, may
appoint and fix the compensation of a staff
director and such other personnel as may be
necessary to enable the Commission to carry out
its functions, without regard to the provisions
of title 5, United States Code, governing
appointments in the competitive service, and
without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title
relating to classification and General Schedule
pay rates, except that no rate of pay fixed
under this subsection may exceed the equivalent
of that payable for a position at Level V of
the Executive Schedule under section 5316 of
title 5, United States Code.
(ii) Personnel as federal employees.--
(I) In general.--Any personnel of
the Commission who are employees shall
be employees under section 2105 of
title 5, United States Code, for
purposes of chapters 63, 81, 83, 84,
85, 87, 89, and 90 of that title.
(II) Members of the commission.--
Subparagraph (I) shall not be construed
to apply to members of the Commission.
(B) Volunteer services.--Notwithstanding section
1342 of title 31, United States Code, the Commission
may accept and use voluntary and uncompensated services
as the Commission determines necessary.
(h) Contracts for Research.--
(1) Researchers and experts.--On an affirmative vote of \2/
3\ of the members of the Commission, the Commission may select
nongovernmental researchers and experts to assist the
Commission in carrying out the duties of the Commission under
this section.
(2) Other organizations.--Nothing in this subsection limits
the ability of the Commission to enter into contracts with any
other entity or organization to carry out research necessary to
carry out the duties of the Commission under this section.
(i) Report.--Not later than 1 year after the Commission establishes
criteria by which to identify social enterprise, the Commission shall
submit to the President and Congress a report on the findings,
conclusions, and recommendations of the Commission. The report shall
identify the Federal programs recommended and shall include--
(1) reports on all matters described in subsection (e); and
(2) how existing Federal Government programs can be
expanded to take advantage of the social and economic benefits
of social enterprises.
(j) Termination.--The Commission shall terminate 90 days after the
date on which the Commission submits the report of the Commission under
subsection (i).
(k) Definitions.--In this section:
(1) Agency.--The term agency has the meaning given that
term in section 551 of title 5, United States Code.
(2) Impact investing.--The term ``impact investing'' means
investing made with the intention to generate positive,
measurable, social, and environmental impact alongside a
financial return.
(3) Nonprofit organization.--The term ``nonprofit
organization'' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
taxation under section 501(a) of such Code.
(l) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission such funds as are necessary to carry out
its duties under this section. Such funds shall remain available until
the date on which the Commission terminates pursuant to subjection (j).
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