Author Archives: wippgovernmentrelations

Keep It Simple, Silly

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By John Stanford, WIPP Government Relations

 

hc - wippIt’s a favorite phrase of my boss – and WIPP’s Chief Advocate – Ann Sullivan. The idea is nothing new: a simple solution is usually the best. That is why, for years, women business owners used the simplest possible idea for providing health benefits – you (employee) go out and get your own insurance and I (employer) will reimburse you. Simple, right?

They are called Healthcare Reimbursement Arrangements, or HRAs, and bringing them back (for the second time) is one of WIPP’s top healthcare priorities. We are making great progress. The House Ways and Means Committee approved legislation that would allow HRAs to be used for firms with fewer than 50 employees. The House as a whole is expected to vote on the bill next week.

The bill would allow employers to reimburse employees for qualified medical expenses like premiums and out-of-pocket costs. Importantly, employers must offer it to all eligible employees and cannot offer a separate group plan. The reimbursement is capped at around $5,000 for an individual and $10,000 for families and does not count as employee income (meaning no taxes!).

Again, the idea is simple. Employers select an amount to reimburse employees, instead of locking in an insurance plan that may not fit their employees or their budget. But why did we lose HRAs in the first place? That is not so simple.

The Affordable Care Act eliminated caps on health insurance plans—an undoubtedly good thing for when disaster or disease strikes. But, in the opinion of the IRS, these HRAs, by definition, had a cap (however much the employer contributed). So they were outlawed in 2013 or 2014.

2013 or 2014 is a strange way to describe when the IRS banned a certain healthcare plan. But that is what it was – the IRS notices on the issue were so confusing they had to issue additional regulations three times. Policy wonks, insurers, and healthcare consultants were unsure – let alone business owners – about whether they were allowed. And making a mistake on this carries severe penalties; offering a non-conforming plan can trigger a penalty of $100 per day per employee –more than $350,000 a year for a company with 10 employees.

Because of this confusion, WIPP stepped in asking Secretary Burwell to intervene on behalf of women business owners. She did and HRAs were allowed through June 2015. Legislation is needed to bring them back permanently and WIPP is optimistic Democrats and Republicans can work together, as they already have, to get this done. After all, ten million women business owners and their nearly nine million employees are pretty active voters.

It’s pretty simple.

More on how WIPP is working with Congress and the Administration to bring competitively-priced and accessible health options to women business owners is in our blog, Making the Affordable Care Act Work.

 

 

 

 

 

Trade Agreements: Path to Prosperity

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By Ashley E. Mergen
Senior Manager, International IP Policy
Global Intellectual Property Center | U.S. Chamber of Commerce

 

With the all the hysteria flying left and right in this election cycle, it’s no wonder folks are second-guessing why the U.S. even pursues free trade agreements. But the overheated rhetoric of presidential campaigns is obfuscating what really is at stake- American competitiveness.

The United States is already among the most open markets in the world – and has been since the end of World War II. That openness has honed the edge of American competitiveness and helped stem the price inflation that fuels inequality. Trade agreements are a tool to ensure that U.S. products and services have the same fair and non-discriminatory access to international markets.

As the leader of the free world, the U.S. has worked to shape the rules of the road in the international economy. Free trade agreements are one of the most effective mechanisms for doing so. The alternative to U.S. free trade agreements is a global economy shaped by others who don’t have America’s interests at heart.  The world is not sitting still: The World Trade Organization counts 419 trade agreements in force around the world, while the United States is party to only 20.

It’s true that 21st century trade deals like the Trans-Pacific Partnership (TPP) Agreement and Transatlantic Trade and Investment Partnership (TTIP) are growing even more complex, especially as they tackle emerging and critical issues like intellectual property rights in digital trade or biopharmaceuticals.

But knowledge-intensive trade isn’t limited to big corporations or scientists curing cancer. It is also providing a significant platform for entrepreneurial women to connect with previously untapped markets.Take Lolita Healy, who after obtaining her first copyright at the age of 12 built a multi-million dollar empire painting designs on glassware, eventually selling 14 million products around the world. Lolita is just one example of the 40 million Americans who are employed by the creative and knowledge-intensive industries. The U.S. Department of Commerce has found that they represent over a quarter of all jobs in the economy, driving 60% of total U.S. exports.

The best part is, there are Lolita’s everywhere- from Michigan to Malaysia or Pennsylvania to Peru. This year’s International IP Index from the U.S. Chamber of Commerce estimated that economies which espouse meaningful and robust IP rights also enjoy more access to venture capital, more foreign direct investment, more R&D expenditure, more growth in high-value jobs, the list goes on…

Trade agreements like the TPP and TTIP continue this path to prosperity by ensuring innovation — the very cornerstone of the business community — remains protected as we expand markets abroad. So before you buy into the hype, take a look behind the curtain and see how trade really puts our innovators front and center on the world’s stage.

But Wait – There’s More

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By Ann Sullivan, WIPP’s Chief Advocate

The first quarter of 2016 was big for us. The Federal Government met its goal of awarding 5% of all contracts – $17.8 billion – to women-owned firms. This was only possible because of the Women-Owned Small Business (WOSB) procurement program which allows contracting officers to set aside contracts for women only to bid on.

In February, the FAR Council added sole source authority to the program. Now, contracting officers can use the program to award sole source contracts to women-owned businesses that are uniquely qualified to perform the work the government needs. All of the other small business procurement programs have sole source authority, so it was important to bring parity to the WOSB program.

In March, the WOSB program was expanded to include 113 industry codes. The same law that added sole source authority also called for SBA to update a study on participation in federal contracting by women-owned businesses. The last study was done in 2007. The new study found more industries where women are underrepresented and now those industries are part of the WOSB program – an expansion that will provide additional procurement opportunities.

While we have been making gains on that front, there is much more to do to open doors to federal agency contracts for women-owned companies. Never content to rest on our laurels, the WIPP policy team in Washington, DC is ready to tackle two new procurement issues.

First, we must increase access for women-owned firms to multiple-award contracts. The government increasingly buys its products/services through these ongoing contracts, like Indefinite Delivery, Indefinite Quantity (IDIQ) contracts, and other large contracts. Often, these contracts select vendors through an initial competitive process and then issue task orders to that group of vendors only. Some multiple-award contracts have a “track” for large businesses and a “track” for small businesses. Others, though, have different tracks within the small business track. For example, they may have a HUBZone track, an 8(a) track and a veteran’s track. In those instances, WOSBs should also have their own track. We will be asking for parity in these cases.

Second, there should be parity in sole source contract ceilings. Sole source contracts are capped – they are not unlimited. Every five years, the FAR Council adjusts the cap for inflation. In October, all the other small business programs’ caps were increased. The HUBZone program, for example, now has sole source awards capped at $4 million for most products/services and $7 million for manufacturing. Women did not get an increase — our manufacturing cap is a half a million less at $6.5 million. Again, the theme is parity. We will be pressing the FAR Council to adjust the WOSB sole source to match the increases of other programs.

WIPP’s advocacy is always in motion and in the federal contracting space, there is always much more to be done. So, join us in the effort. When talking to federal agencies or elected officials, echo our two asks. Everyone’s voice is important.

Small Things Come In Big Packages

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May 2016 WIPP Works In Washington

Small Things Come In Big Packages

By Ann Sullivan, WIPP Government Relations Team

 

In an epic week fueled by bipartisanship, the Senate Small Business Committee and the House Armed Services Committee put small business issues front and center in a way that was nothing short of amazing. This just goes to show that the “do-nothing Congress” does in fact do plenty when it comes to small business.

Let’s first talk about the Senate Small Business Committee. Members of the Committee introduced and are expected to pass three bills important to WIPP. One bill would extend the Small Business and Innovative Research program (SBIR) and a related program the Small Business Technology Transfer program (STTR) and included a mandate to do better outreach to women and minorities (thanks to Michigan’s Senator Gary Peters). The government funds innovative products and services through federal grants to bring the products to commercialization. Don’t know about it—look into it at: SBIR.gov. By the way, this is part of WIPP’s access to capital platform – so another accomplishment for our advocacy.

Are you a contractor? Then you might be interested in the introduction of The Small Business Transforming America’s Regions Act of 2016. If you aren’t aware of the HUBZone program, you should look into it. The government gives a bid preference to companies who invest in low-income areas. It could supplement the WOSB program you already belong to. At least check it out at SBA’s HUBZone Page.

Need capital? The Committee is expected to modernize the Microloan Program administered by the SBA. The program lends $50,000 and below to companies who need capital. In case you didn’t know it, there is a whole nationwide network of lenders who stand ready to lend, backed by the government’s guarantee against failure.

Now onto the House Armed Services Committee. This Committee and its counterpart, the Senate Armed Services Committee, prepare a bill each year, the National Defense Authorization Act (NDAA) that funds all military operations. It is a must-pass bill because the military requires certainty in funding. In order for the US to keep its competitiveness, it must have a strong and diverse industrial base. That’s where small businesses come in.

To that end, a whole section of the bill is devoted to small business contracting changes and strengthening resources for women entrepreneurs including women’s business centers. The bill:

 

  • Requires an annual report on the share of contract dollars awarded to small businesses without any exclusions
  • Establishes a pilot program that enables contractors to receive a past performance rating by submitting a request to the contracting officer and/or prime contractor
  • Requires the SBA to develop a list of no-cost programs that assist small businesses in compliance with Federal regulations.
  • Strengthens agency small business offices to recommend which small business set-aside programs should be used for each contract at their agency.
  • Requires commercial market representatives (CMRs) to assist prime contractors in identifying small business subcontractors and assess the prime’s compliance with their subcontracting plans
  • Adds HUBZone and SDVOSB to small business office oversight (previously not listed in statute but already happening in practice)

 

In case you do not remember, the Women’s Business Center reforms would raise the funding authorization level by 50% from $14.5M to $21.75M and increase grants to individual centers as well as streamline the program. Better program, better training for women.

How did all of this happen? Champions. The leadership of the House Small Business Committee, which passed the provisions now part of the NDAA, worked together hand-in-glove to assist our businesses. Chair Steve Chabot (R-OH) and Ranking Member Nydia Velazquez (D-NY) set the gold standard of getting things done without a partisan fuss. Similarly, the Senate Small Business Committee, under the guidance of Chair David Vitter (R-LA) and Ranking Member Jeanne Shaheen (D-NH) worked together to introduce reforms good for small businesses.

The real story behind all of this activity is the power of small businesses uniting to ask for changes in contracting and better resources to succeed. Organizations, such as WIPP are the champions, walking the halls of Congress to press for better programs and fairness in contracting.

While I would agree that Congress is more partisan than ever before, there are bright spots. This past week was certainly one—all made possible by elected officials crossing party lines for the good of women-owned companies. If you ever wondered what your WIPP membership is paying for or if you need a reason to join WIPP, look no further. The advocacy WIPP provides on your behalf is the best return on investment you may ever find. It requires almost none of your time, requires a minimal monetary investment (dues) and you get a whole team dedicated to advancing your agenda to the Congress on a daily basis.

I call that value.

 

Filing Frenzy: Tax Deadline Strikes Today

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By: Jake Clabaugh, WIPP Government Relations

Tax Day is upon us and woman business owners have been working overtime. Not on growing their firms, planning investments or making important hiring decisions, but on tax compliance. At least, that’s according the House Small Business Committee, which took a look at the burdensome tax.

Forgetting tax liability – the amount a business owes – the Committee focused on how difficult it is for small businesses to satisfactorily comply with dense tax rules. According to the Small Business Administration (SBA), small businesses spend 5.5 billion hours preparing and filing taxes – time that should be spent growing the business. The costs and complexity of calculating tax provisions makes it difficult for smaller businesses to take advantage of incentives designed to reward investment. As a result, larger businesses that can incur the costs of calculation reap the rewards.

As we’ve heard from WIPP members across the country, tax certainty is a top priority. Clarity on what provisions and incentives will be enacted would provide businesses with the ability to plan ahead, rather than adjust to a changing environment. For the last few years, Congress has passed legislation solely for “tax extenders” – deductions and credits that were set to expire at the end of the previous year, but were extended to cover the current tax year. While many of these credits could provide some relief for small businesses, firms spent the entire year without knowing if these provisions would be available. Hardly an efficient way to have to run your business.

A simpler tax code would reduce compliance time and allow owners to focus on their business – not the latest tax rules. Also, small businesses should be able to take advantage of the same incentives that larger businesses can. WIPP will continue to focus our advocacy on the two guiding principles of simplicity and fairness for women-owned businesses.

Could comprehensive reform – not seen since the 1980’s – be on the horizon? House Ways and Means Committee Chair Kevin Brady (R-TX) announced last week that his Committee is planning to release a tax-reform “blueprint” this summer. Additionally, Members of the House and Senate have stirred over international tax reform in the wake of recent corporate mergers. While the conversations are ongoing, comprehensive tax reform in an election year, with an ardently divided Congress seems, at least in our view, unlikely.

For updates on tax policy and other finance issues, please visit WIPP’s Economy and Tax section and WIPP’s Economic Blueprint.

 

 

Costs and Benefits: Paid Sick Leave For Federal Contractors

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By: Jake Clabaugh, WIPP Government Relations

sick leave paidFederal contractors have been hit with a bevy of new regulations over the past few months – everything from increased reporting of labor and safety violations, a raise in minimum wages and increases in mandatory overtime pay. The next shoe will drop in January 2017, when ALL Federal contractors, primes and subs, will have to provide paid sick leave benefits to workers. The Department of Labor (DOL) proposed rules that would implement this change last month.

Contracts issued January 1, 2017 will require all Federal contractors to give employees 1 hour of paid sick leave per 30 hours worked. This rule will only apply to time spent on Federal contracts, so if an employee performs some work for a private sector client, those hours would not count toward sick leave accrual. Additionally, earned sick leave will carry over from one year to the next.

Why just contractors? The President issued an Executive Order to make the change. Like other new regulations pertaining to contractors, the President can make these decisions for his workforce. Congress has been unable to decide if or how to move forward on these issues so the President decided to act on his own. As the Commander in Chief, he can determine procurement policy – including requirements for contractors – without Congress having to pass a law.

While WIPP members support worker benefits in practice, we don’t believe that the DOL gave enough consideration to how this rule will affect small businesses. Without an exception for small businesses, the vast majority of women-owned business will be compelled to provide the same benefits as multi-billion dollar firms.

WIPP’s comments to DOL on the proposed rule can be read in full here.

Entrepreneurs Win at House Small Business Committee Markup

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By: Jake Clabaugh, WIPP Government Relations

32cc090e-78c0-46b6-8130-e810a45a4029WIPP’s access to capital platform, Breaking the Bank, continues to gain traction in Congress as two more priorities cleared the House Small Business Committee during this morning’s markup. The Commercializing on Small Business Innovation Act provides much needed improvements to the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. These programs provide funding for small businesses to innovate through research and development partnerships with federal agencies. WIPP’s platform advocates for a public-private partnership to accelerate the commercialization of technologies developed through the SBIR & STTR programs and the bill passed today does just that. The Commercialization Assistance Pilot Program will allow small businesses to receive additional funding to assist entrepreneurs with bringing their products to market after completing the program.

Women’s Business Centers (WBCs) are an invaluable resource for the 10 million women entrepreneurs in the country who annually contribute $1.4 trillion to the nation’s economy. Legislation to reauthorize this program, the Women’s Small Business Ownership Act of 2015, was cleared by the Senate Committee on Small Business last fall and now the House Committee has followed suit. The Developing the Next Generation of Small Businesses Act of 2016 provides much needed updates to the WBC program including expanding annual authorized funding to $21.75 million and increasing the grants available to centers that provide training and counseling to entrepreneurs.

We would like to thank Chair Steve Chabot (R-OH), Ranking Member Nydia Velazquez (D-NY), and Representative Judy Chu (D-CA) for prioritizing women entrepreneurs and passing both pieces legislation with bipartisan, unanimous votes.

 

 

 

Join WIPP’s Chief Advocate Ann Sullivan for an Insider’s Look at the Presidential Candidates

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Will a new President change how Washington works?  Join me Thursday for an insider’s look at the Presidential candidates and their ability to work with a new Congress and the business community.  Not only will this year’s election decide the Presidency, but control of the Senate is also in play.
Join me on March 24th at 2PM for an analysis of the upcoming elections and how you as women business owners can weigh in on issues that matter most to your business and the future through WE Decide 2016.
And don’t forget to join We Decide 2016 before the webinar – together, we will make a difference.
See you on Thursday!
Ann Sullivan
Chief Advocate for Women Impacting Public Policy
Click here to join WE Decide2016.
Click here to register for Thursday’s webinar.

Venture Capital Pool Opens for Women Entrepreneurs

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By: Jake Clabaugh, WIPP Government Relations

VCIf you are an entrepreneur seeking capital, the path to venture funding could be getting a little easier. Earlier this month, the House Financial Services Committee took action on two bills that make venture investments more attainable for entrepreneurs – The Helping Angels Lead Our Startups (HALOS) Act and the Main Street Growth Act. As women entrepreneurs only receive 7% of venture dollars, improving access to venture capital is a top priority in the women’s business community.

Due to ambiguities in the law, pitch events or demo days that are sponsored by angel investors may or may not be legal. Yet, these events are a great opportunity for entrepreneurs to get themselves – and their products – in front of a room full of potential investors. The HALOS Act makes this easier by clarifying this ambiguity. Currently, the Securities and Exchange Commission (SEC) prohibits “general advertising” and “general solicitation,” but the HALOS act would clarify that these events are permitted for groups of angel investors and not subject to the prohibition on general solicitations. The bill’s sponsor, House Small Business Committee Chair Steve Chabot (R-OH), remarked, “clarifying the law to give entrepreneurs and investors more certainty and opportunity is a step in the right direction.”

To further incentivize investment, The Main Street Growth Act (H.R. 4638) will create securities exchanges specifically for venture capital investments. Existing stock exchanges could create a new tier to specialize in venture capital investments or entirely new exchanges could be established. These securities exchanges will bring together buyers and sellers of venture capital and create a more liquid market, which will incentivize investors to support startups.

While no single policy change or piece of legislation will break down the barriers that prevent women entrepreneurs from accessing capital, these incremental improvements show that Congress is committed to leveling the playing field for women entrepreneurs. WIPP’s access to capital platform, Breaking the Bank, continues to gain traction with legislators and WIPP is dedicated to growing women entrepreneurs’ share of venture capital funding.

Major Expansion of WOSB Procurement Program Starts Today

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FB Cover photoBy: Ann Sullivan, WIPP Chief Advocate

A landmark week for women entrepreneurs just got better. Just a day after announcing that federal government had finally met their goal of awarding 5% of contracts to Women-Owned Small Businesses (WOSBs), the Small Business Administration (SBA) announced a significant expansion of the WOSB procurement program.  When the last disparity study was completed in 2007, women were found to be underrepresented in federal contracting in 83 industries, thus making them eligible for participation in the WOSB program. In addition to pressing for sole source contracts, WIPP advocated for a new study to update eligible NAICS codes for the program. The study, completed by the Department of Commerce earlier this year, found that 113 industries and their corresponding NAICS codes are now eligible for the program. The changes take place immediately.

The study, The Utilization of Women-Owned Businesses in Federal Prime Contracting, found two very disturbing facts.  One, that women are 21% less likely to get a government contract after solving for factors such as age and size of the business. Second, the industries in which WOSBs are less likely to win contracts account for about 85% of both total contracts and dollars awarded.

Find out whether or not your business is eligible for participation in the WOSB procurement program by checking your NAICS codes. Even though the program has quadrupled since 2011, expansion of the NAICS codes will result in even greater gains for women-owned businesses to participate in the public sector.