#aaith ,,congress #ast ,session ,s4 #agbh ,,an ,,act ,to amend the ,employee ,retirement ,income ,security ,act of #aigd to expand the membership of the ,advisory ,council on ,employee ,welfare and ,pension ,benefit ,plans to include representatives of employee ownership organizations4 #a4 ,short title ,this ,act may be cited as the ,employee ,ownership ,representation ,act of #bjbe4 #b4 ,expansion of the ,,erisa ,advisory ,council 7a7 ,in general ,section #eab7;a7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aadb7;a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking fifteen members and inserting #ag members2 and 7,b7 by striking eight members and inserting #aj members2 and 7#b7 in paragraph 7#c71 by inserting two shall be representatives of employee ownership organizations2 after pension plan24 7b7 ,effective date ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,labor shall nominate the first #b representatives of employee ownership organizations authorized to serve as members of the ,advisory ,council on ,employee ,welfare and ,pension ,benefit ,plans under section #eab7;a7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aadb7;a771 as amended by subsection 7a74 #c4 ,office of ,employee ,ownership 7a7 ,establishment of the ,office of ,employee ,ownership 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,labor shall establish the ,office of ,employee ,ownership in the ,department of ,labor1 outside of the ,employee ,benefits ,security ,administration4 7#b7 ,director ,the ,secretary of ,labor shall appoint the ,director of the ,office of ,employee ,ownership to serve as the head of the ,office at the pleasure of the ,secretary of ,labor4 7#c7 ,staff ,the ,director of the ,office of ,employee ,ownership may select1 appoint1 and employ such employees as are necessary to carry out the functions of the ,office4 7b7 ,functions ,the ,director of the ,office of ,employee ,ownership shall be responsible for carrying out the ,employee ,ownership ,initiative established under section #cdf of the ,,secure #b4j ,act of #bjbb 7#bi ,u4,s4,c4 #cbbh74 #d4 ,advisory ,council on ,employee ,ownership 7a7 ,in general 7#a7 ,establishment ,there is hereby established an ,advisory ,council on ,employee ,ownership 7hereinafter in this section referred to as the ,council7 consisting of #g members appointed by the ,secretary of ,labor4 7#b7 ,membership 7,a7 ,in general ,of the #g members of the ,council-- 7i7 #d shall be appointed to represent employees2 7ii7 #a shall be appointed to represent companies that have established an employee stock ownership plan or eligible worker-owned cooperative2 7iii7 #a shall be appointed to represent employee stock ownership plan providers2 and 7iv7 #a shall be appointed to represent associations or other membership organizations for employee stock ownership plans or eligible worker-owned cooperatives4 7,b7 ,political affiliation ,not more than #d members of the ,council shall be members of the same political party4 7#c7 ,terms ,members of the ,council shall serve for terms of #b years4 7#d7 ,appointment2 reappointment ,a member of the ,council may be reappointed to serve additional terms4 7#e7 ,vacancies ,a member of the ,council appointed to fill a vacancy shall be appointed only for the remainder of such term4 7#f7 ,quorum ,a majority of members of the ,council shall constitute a quorum and action shall be taken only by a majority vote of those present and voting4 7b7 ,duties and functions 7#a7 ,in general ,it shall be the duty of the ,council to advise the ,secretary of ,labor with respect to the carrying out of the functions of the ,secretary of ,labor under this ,act and to submit to the ,secretary of ,labor recommendations with respect to carrying out such duties4 7#b7 ,meetings ,the ,council shall meet at least #d times each year and at such other times as the ,secretary of ,labor requests4 7#c7 ,report ,the ,council shall annually submit a report to the ,secretary of ,labor on the recommendations described in paragraph 7#a74 7c7 ,executive ,secretary2 ,secretarial and clerical services ,the ,secretary of ,labor shall furnish to the ,council an ,executive ,secretary and such secretarial1 clerical1 and other services as are determined necessary to conduct the business of the ,council4 ,the ,secretary of ,labor may call upon other agencies of the ,federal ,government for statistical data1 reports1 and other information which will assist the ,council in the performance of its duties4 7d7 ,compensation 7#a7 ,in general ,members of the ,council shall each be entitled to receive the daily equivalent of the annual rate of basic pay in effect for level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code for each day 7including travel time7 during which they are engaged in the actual performance of duties vested in the ,council4 7#b7 ,travel expenses ,while away from their homes or regular places of business in the performance of services for the ,council1 members of the ,council shall be allowed travel expenses1 including per diem in lieu of subsistence1 in the same manner as persons employed intermittently in the ,government service are allowed expenses under section #egjc of title #e1 ,united ,states ,code4 7e7 ,termination ,section #ajac of title #e1 ,united ,states ,code1 relating to termination1 shall not apply to the ,council4 7f7 ,definitions ,in this section3 7#a7 ,eligible worker-owned cooperative ,the term eligible worker-owned cooperative has the meaning given the term in section #ajdb7;c77#b7 of the ,internal ,revenue ,code of #aihf4 7#b7 ,employee stock ownership plan ,the term employee stock ownership plan has the meaning given the term in section #dige7;e77#g7 of the ,internal ,revenue ,code of #aihf4 #e4 ,establishment of the advocate for employee ownership 7a7 ,in general ,subtitle ,a of title ,,iii of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #abja et seq47 is amended by adding at the end the following3 #cjje4 ,advocate for employee ownership 7a7 ,in general ,the ,secretary of ,labor shall appoint an ,advocate for ,employee ,ownership within the ,employee ,ownership ,initiative established under section #cdf7;b77#a7 of the ,,secure #b4j ,act of #bjbb 7division ,t of the ,consolidated ,appropriations ,act1 #bjbc 7,public ,law #aag-cbh774 ,the appointment shall be made without regard to the provisions of title #e1 ,united ,states ,code1 relating to appointments in the competitive service or ,senior ,executive ,service4 7b7 ,duties ,the ,advocate for ,employee ,ownership shall-- 7#a7 consult with the head of the ,employee ,ownership ,initiative established under section #cdf7;b77#a7 of the ,,secure #b4j ,act of #bjbb 7division ,t of the ,consolidated ,appropriations ,act1 #bjbc 7,public ,law #aag-cbh772 7#b7 act as a liaison between the ,department of ,labor1 employee ownership advocates1 employers considering employee ownership1 workers interested in employee ownership1 and other stakeholders1 including employee stock ownership plan sponsors and participants2 7#c7 provide public education and assistance related to the expansion of employee ownership through the establishment and maintenance of practices that promote employee ownership1 including the use of employee stock ownership plans2 7#d7 provide assistance for purposes of resolving a dispute between the ,department of ,labor and any employee stock ownership plan sponsor1 fiduciary1 or participant and help facilitate communication between such entities and the ,department of ,labor for such purposes2 7#e7 identify and recommend potential legislative and administrative changes1 including related to access to capital issues1 to increase practices that promote employee ownership plans1 including the use of employee stock ownership plans2 and 7#f7 coordinate with other ,federal agencies1 including the ,administrator of the ,small ,business ,administration1 the ,secretary of the ,treasury1 and the ,secretary of ,commerce1 and ,state and local governments on outreach and education to inform employees and employers about the possibilities and benefits of employee ownership as a business ownership succession planning option4 7c7 ,consultation and input ,the ,secretary of ,labor shall solicit advice and input from the ,advocate for ,employee ,ownership in developing regulations or interpretations of this ,act that relate to employee stock ownership plans4 7d7 ,compensation ,the ,advocate for ,employee ,ownership shall be entitled to compensation at the same rate as the rate of basic pay in effect for a position at level ,v of the ,executive ,schedule under section #ecaf of title #e1 ,united ,states ,code4 7e7 ,annual report 7#a7 ,in general ,not later than ,december #ca of each calendar year beginning after the date of enactment of this section1 the ,advocate for ,employee ,ownership shall submit a report to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and ,workforce of the ,house of ,representatives on the activities of the ,office of the ,advocate for ,employee ,ownership during the fiscal year ending during such calendar year1 including the contents described in paragraph 7#b74 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall-- 7,a7 summarize the assistance requests received by the ,advocate for ,employee ,ownership during the fiscal year ending during the calendar year of such report2 7,b7 describe the activities1 including the activities described under paragraphs 7#c7 and 7#d7 of subsection 7b71 and evaluate the effectiveness of the ,advocate for ,employee ,ownership during such fiscal year2 7,c7 describe any significant problems the ,advocate for ,employee ,ownership has identified during such fiscal year and ways to mitigate such problems2 7,d7 contain recommendations for any administrative or legislative action that may be appropriate to resolve barriers to1 and to incentivize1 practices that promote employee ownership1 including the use of employee stock ownership plans2 and 7,e7 describe progress related to employee ownership in businesses in the ,united ,states4 7#c7 ,concurrent submission ,the ,advocate for ,employee ,ownership shall submit a copy of each report submitted under paragraph 7#a7 to the ,secretary of ,labor1 and any other appropriate official1 at the same time such report is submitted under paragraph 7#a74 7#d7 ,public availability ,the ,advocate for ,employee ,ownership shall make a copy of each report submitted under paragraph 7#a7 available to the public4 7#e7 ,definition of employee stock ownership plan ,for purposes of this section1 the term employee stock ownership plan has the meaning given the term in section #dige7;e77#g7 of the ,internal ,revenue ,code of #aihf4 7f7 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary to carry out subsection 7d74 4 7b7 ,clerical amendment ,the table of contents in section #a of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajja note7 is amended by inserting after the item relating to section #cjjd the following new item3 ,sec4 #cjje4 ,advocate for employee ownership4 4 ,passed the ,senate ,october #i1 #bjbe4,secretary