I 117th CONGRESS 2d Session H. R. 9433 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.

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 . 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).