US (United States) Code. Title 15. Chapter 97: Women's business enterprise development

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Commerce and Trade

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-CITE-

15 USC CHAPTER 97 - WOMEN'S BUSINESS ENTERPRISE

DEVELOPMENT 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 97 - WOMEN'S BUSINESS ENTERPRISE DEVELOPMENT

.

-HEAD-

CHAPTER 97 - WOMEN'S BUSINESS ENTERPRISE DEVELOPMENT

-MISC1-

Sec.

7101. Establishment of the Interagency Committee.

7102. Duties of the Interagency Committee.

(a) In general.

(b) Meetings.

(c) Interaction with Council.

7103. Membership of the Interagency Committee.

(a) In general.

(b) Appointment of chairperson.

(c) Noncompensation.

(d) Detail of Federal employees.

7104. Reports from the Interagency Committee.

7105. Establishment of the National Women's Business Council.

7106. Duties of the Council.

(a) In general.

(b) Meetings.

(c) Recommendations.

(d) Other duties.

(e) Form of transmittal.

7107. Membership of the Council.

(a) Chairperson.

(b) Other members.

(c) Diversity.

(d) Terms.

(e) Other Federal service.

(f) Vacancies.

(g) Reimbursements.

(h) Executive director.

(i) Rates of pay.

7108. Definitions.

7109. Studies and other research.

(a) In general.

(b) Contract authority.

7110. Authorization of appropriations.

(a) In general.

(b) Budget review.

-COD-

CODIFICATION

This chapter is comprised of title IV of Pub. L. 100-533, as

added by Pub. L. 103-403, title IV, Sec. 413, Oct. 22, 1994, 108

Stat. 4193, and amended. Title IV of Pub. L. 100-533 was formerly

set out as a note under section 631 of this title.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 637 of this title.

-CITE-

15 USC Sec. 7101 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 97 - WOMEN'S BUSINESS ENTERPRISE DEVELOPMENT

-HEAD-

Sec. 7101. Establishment of the Interagency Committee

-STATUTE-

There is established an interagency committee to be known as the

Interagency Committee on Women's Business Enterprise.

-SOURCE-

(Pub. L. 100-533, title IV, Sec. 401, as added Pub. L. 103-403,

title IV, Sec. 413, Oct. 22, 1994, 108 Stat. 4193.)

-MISC1-

PRIOR PROVISIONS

A prior section 401 of Pub. L. 100-533, title IV, Oct. 25, 1988,

102 Stat. 2694, related to the establishment of the National

Women's Business Council, prior to the general amendment of title

IV of Pub. L. 100-533 by Pub. L. 103-403. See section 7105 of this

title.

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-554, Sec. 1(a)(9) (title VII, Sec. 701), Dec. 21,

2000, 114 Stat. 2763, 2763A-701, provided that: ''This title

(amending sections 7107, 7109, and 7110 of this title and repealing

former section 7109 of this title) may be cited as the 'National

Women's Business Council Reauthorization Act of 2000'.''

-EXEC-

EX. ORD. NO. 12138. NATIONAL WOMEN'S BUSINESS ENTERPRISE POLICY AND

NATIONAL PROGRAM FOR WOMEN'S BUSINESS ENTERPRISE

Ex. Ord. No. 12138, May 18, 1979, 44 F.R. 29637, as amended by

Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:

In response to the findings of the Interagency Task Force on

Women Business Owners and congressional findings that recognize:

1. the significant role which small business and women

entrepreneurs can play in promoting full employment and balanced

growth in our economy;

2. the many obstacles facing women entrepreneurs; and

3. the need to aid and stimulate women's business enterprise;

By the authority vested in me as President of the United States

of America, in order to create a National Women's Business

Enterprise Policy and to prescribe arrangements for developing,

coordinating and implementing a national program for women's

business enterprise, it is ordered as follows:

1-1. RESPONSIBILITIES OF THE FEDERAL DEPARTMENTS AND AGENCIES

1-101. Within the constraints of statutory authority and as

otherwise permitted by law:

(a) Each department and agency of the Executive Branch shall take

appropriate action to facilitate, preserve and strengthen women's

business enterprise and to ensure full participation by women in

the free enterprise system.

(b) Each department and agency shall take affirmative action in

support of women's business enterprise in appropriate programs and

activities including but not limited to:

(1) management, technical, financial and procurement assistance,

(2) business-related education, training, counseling and

information dissemination, and

(3) procurement.

(c) Each department or agency empowered to extend Federal

financial assistance to any program or activity shall issue

regulations requiring the recipient of such assistance to take

appropriate affirmative action in support of women's business

enterprise and to prohibit actions or policies which discriminate

against women's business enterprise on the ground of sex. For

purposes of this subsection, Federal financial assistance means

assistance extended by way of grant, cooperative agreement, loan or

contract other than a contract of insurance or guaranty. These

regulations shall prescribe sanctions for noncompliance. Unless

otherwise specified by law, no agency sanctions shall be applied

until the agency or department concerned has advised the

appropriate person or persons of the failure to comply with its

regulations and has determined that compliance cannot be secured by

voluntary means.

1-102. For purposes of this Order, affirmative action may

include, but is not limited to, creating or supporting new programs

responsive to the special needs of women's business enterprise,

establishing incentives to promote business or business-related

opportunities for women's business enterprise, collecting and

disseminating information in support of women's business

enterprise, and insuring to women's business enterprise knowledge

of and ready access to business-related services and resources.

If, in implementing this Order, an agency undertakes to use or to

require compliance with numerical set-asides, or similar measures,

it shall state the purpose of such measure, and the measure shall

be designed on the basis of pertinent factual findings of

discrimination against women's business enterprise and the need for

such measure.

1-103. In carrying out their responsibilities under Section 1-1,

the departments and agencies shall consult the Department of

Justice, and the Department of Justice shall provide legal guidance

concerning these responsibilities.

1-2. ESTABLISHMENT OF THE INTERAGENCY COMMITTEE ON WOMEN'S BUSINESS

ENTERPRISE

1-201. To help insure that the actions ordered above are carried

out in an effective manner, I hereby establish the Interagency

Committee on Women's Business Enterprise (hereinafter called the

Committee).

1-202. The Chairperson of the Committee (hereinafter called the

Chairperson) shall be appointed by the President. The Chairperson

shall be the presiding officer of the Committee and shall have such

duties as prescribed in this Order or by the Committee in its rules

of procedure. The Chairperson may also represent his or her

department, agency or office on the Committee.

1-203. The Committee shall be composed of the Chairperson and

other members appointed by the heads of departments and agencies

from among high level policy-making officials. In making these

appointments, the recommendations of the Chairperson shall be taken

into consideration. The following departments and agencies and

such other departments and agencies as the Chairperson shall select

shall be members of the Committee: the Departments of Agriculture;

Commerce; Defense; Energy; Health and Human Services; Housing and

Urban Development; Interior; Justice; Labor; Transportation;

Treasury; the Federal Trade Commission; General Services

Administration; National Science Foundation; Office of Federal

Procurement Policy; and the Small Business Administration. These

members shall have a vote. Nonvoting members shall include the

Executive Director of the Committee and at least one but no more

than three representatives from the Executive Office of the

President appointed by the President.

1-204. The Committee shall meet at least quarterly at the call of

the Chairperson, and at such other times as may be determined to be

useful according to the rules of procedure adopted by the

Committee.

1-205. The Administrator of the Small Business Administration

shall provide an Executive Director and adequate staff and

administrative support for the Committee. The staff shall be

located in the Office of the Chief Counsel for Advocacy of the

Small Business Administration, or in such other office as may be

established specifically to further the policies expressed herein.

Nothing in this Section prohibits the use of other properly

available funds and resources in support of the Committee.

1-3. FUNCTIONS OF THE COMMITTEE

The Committee shall in a manner consistent with law:

1-301. Promote, coordinate and monitor the plans, programs and

operations of the departments and agencies of the Executive Branch

which may contribute to the establishment, preservation and

strengthening of women's business enterprise. It may, as

appropriate, develop comprehensive interagency plans and specific

program goals for women's business enterprise with the cooperation

of the departments and agencies.

1-302. Establish such policies, definitions, procedures and

guidelines to govern the implementation, interpretation and

application of this order, and generally perform such functions and

take such steps as the Committee may deem to be necessary or

appropriate to achieve the purposes and carry out the provisions

hereof.

1-303. Promote the mobilization of activities and resources of

State and local governments, business and trade associations,

private industry, colleges and universities, foundations,

professional organizations, and volunteer and other groups toward

the growth of women's business enterprise, and facilitate the

coordination of the efforts of these groups with those of the

departments and agencies.

1-304. Make an annual assessment of the progress made in the

Federal Government toward assisting women's business enterprise to

enter the mainstream of business ownership and to provide

recommendations for future actions to the President.

1-305. Convene and consult as necessary with persons inside and

outside government to develop and promote new ideas concerning the

development of women's business enterprise.

1-306. Consider the findings and recommendations of government

and private sector investigations and studies of the problems of

women entrepreneurs, and promote further research into such

problems.

1-307. Design a comprehensive and innovative plan for a joint

Federal and private sector effort to develop increased numbers of

new women-owned businesses and larger and more successful

women-owned businesses. The plan should set specific reasonable

targets which can be achieved at reasonable and identifiable costs

and should provide for the measurement of progress towards these

targets at the end of two and five years. Related outcomes such as

income and tax revenues generated, jobs created, new products and

services introduced or new domestic or foreign markets created

should also be projected and measured in relation to costs wherever

possible. The Committee should submit the plan to the President

for approval within six months of the effective date of this Order.

1-4. OTHER RESPONSIBILITIES OF THE FEDERAL DEPARTMENTS AND AGENCIES

1-401. The head of each department and agency shall designate a

high level official to have the responsibility for the

participation and cooperation of that department or agency in

carrying out this Executive order. This person may be the same

person who is the department or agency's representative to the

Committee.

1-402. To the extent permitted by law, each department and agency

upon request by the Chairperson shall furnish information,

assistance and reports and otherwise cooperate with the Chairperson

and the Committee in the performance of their functions hereunder.

Each department or agency shall ensure that systematic data

collection processes are capable of providing the Committee current

data helpful in evaluating and promoting the efforts herein

described.

1-403. The officials designated under Section 1-401, when so

requested, shall review the policies and programs of the women's

business enterprise program, and shall keep the Chairperson

informed of proposed budget, plans and programs of their

departments or agencies affecting women's business enterprise.

1-404. Each Federal department or agency, within constraints of

law, shall continue current efforts to foster and promote women's

business enterprise and to support the program herein set forth,

and shall cooperate with the Chairperson and the Committee in

increasing the total Federal effort.

1-5. REPORTS

1-501. The Chairperson shall, promptly after the close of the

fiscal year, submit to the President a full report of the

activities of the Committee hereunder during the previous fiscal

year. Further, the Chairperson shall, from time to time, submit to

the President the Committee's recommendations for legislation or

other action to promote the purposes of this Order.

1-502. Each Federal department and agency shall report to the

Chairperson as hereinabove provided on a timely basis so that the

Chairperson and the Committee can consider such reports for the

Committee report to the President.

1-6. DEFINITIONS

For the purposes of this Order, the following definitions shall

apply:

1-601. ''Women-owned business'' means a business that is at least

51 percent owned by a woman or women who also control and operate

it. ''Control'' in this context means exercising the power to make

policy decisions. ''Operate'' in this context means being actively

involved in the day-to-day management.

1-602. ''Women's business enterprise'' means a woman-owned

business or businesses or the efforts of a woman or women to

establish, maintain or develop such a business or businesses.

1-603. Nothing in subsections 1-601 or 1-602 of this Section

(1-6) should be construed to prohibit the use of other definitions

of a woman-owned business or women's business enterprise by

departments and agencies of the Executive Branch where other

definitions are deemed reasonable and useful for any purpose not

inconsistent with the purposes of this Order. Wherever feasible,

departments and agencies should use the definition of a woman-owned

business in subsection 1-601 above for monitoring performance with

respect to women's business enterprise in order to assure

comparability of data throughout the Federal Government.

1-7. CONSTRUCTION

Nothing in this Order shall be construed as limiting the meaning

or effect of any existing Executive order.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7108 of this title.

-CITE-

15 USC Sec. 7102 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 97 - WOMEN'S BUSINESS ENTERPRISE DEVELOPMENT

-HEAD-

Sec. 7102. Duties of the Interagency Committee

-STATUTE-

(a) In general

The Interagency Committee shall -

(1) monitor, coordinate, and promote the plans, programs, and

operations of the departments and agencies of the Federal

Government that may contribute to the establishment and growth of

women's business enterprise;

(2) develop and promote new public sector initiatives,

policies, programs, and plans designed to foster women's business

enterprise;

(3) review, monitor, and coordinate plans and programs,

developed in the public sector, which affect the ability of

women-owned businesses to obtain capital and credit;

(4) promote and assist, as appropriate, in the development of

surveys of women-owned business; and

(5) design a comprehensive plan for a joint public-private

sector effort to facilitate growth and development of women's

business enterprise, which plan shall, not later than 1 year

after October 22, 1994, be submitted to the President for review.

(b) Meetings

The Interagency Committee shall meet not less than biannually at

such times as the Interagency Committee determines to be necessary

to perform the duties under subsection (a) of this section. A

majority of the members of the Committee shall constitute a quorum

for the approval of recommendations or reports issued pursuant to

this section.

(c) Interaction with Council

In performing its duties under subsection (a) of this section,

the Interagency Committee shall consult with the Council. The

Interagency Committee may meet jointly with the Council at the

discretion of the chairperson of the Interagency Committee and the

chairperson of the Council, but not less frequently than twice

annually. The chairperson of the Interagency Committee shall serve

as chairperson of any joint meetings of the Interagency Committee

and the Council.

-SOURCE-

(Pub. L. 100-533, title IV, Sec. 402, as added Pub. L. 103-403,

title IV, Sec. 413, Oct. 22, 1994, 108 Stat. 4193.)

-MISC1-

PRIOR PROVISIONS

A prior section 402 of Pub. L. 100-533, title IV, Oct. 25, 1988,

102 Stat. 2694, related to duties of the National Women's Business

Council, prior to the general amendment of title IV of Pub. L.

100-533 by Pub. L. 103-403. See section 7106 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7104 of this title.

-CITE-

15 USC Sec. 7103 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 97 - WOMEN'S BUSINESS ENTERPRISE DEVELOPMENT

-HEAD-

Sec. 7103. Membership of the Interagency Committee

-STATUTE-

(a) In general

(1) Participants

The Interagency Committee shall be composed of 1 representative

from each of the following:

(A) The Department of Commerce.

(B) The Department of Defense.

(C) The Department of Health and Human Services.

(D) The Department of Labor.

(E) The Small Business Administration.

(F) The Department of Transportation.

(G) The Department of the Treasury.

(H) The General Services Administration.

(I) The Board of Governors of the Federal Reserve.

(J) The Executive staff of the President engaged in

policymaking activities.

(2) Appointments

(A) In general

Except as provided in subparagraph (B), the head of each

department and agency listed in paragraph (1) shall, not later

than 45 days after December 2, 1997, designate a representative

who shall be a policymaking official within the department or

agency, and who shall report directly to the head of the agency

on the status of the activities of the Interagency Committee.

(B) Small Business Administration

With respect to the Small Business Administration, the

representative shall be the Assistant Administrator of the

Office of Women's Business Ownership, who also shall serve as

the vice chairperson of the Interagency Committee and shall

report directly to the Administrator on the status of the

activities on the Interagency Committee and shall serve as the

Interagency Committee Liaison to the National Women's Business

Council established under section 7105 of this title.

(3) Other participation

Other representatives of the Federal Government not listed in

paragraph (1) may participate in the meetings and functions of

the Interagency Committee on a temporary basis as needed to carry

out specific Interagency Committee goals.

(b) Appointment of chairperson

Not later than 45 days after December 2, 1997, the President, in

consultation with the Administrator of the Small Business

Administration, shall appoint 1 of the members of the Interagency

Committee to serve as chairperson.

(c) Noncompensation

The members of the Interagency Committee shall serve without

additional pay for such membership.

(d) Detail of Federal employees

Upon request by the chairperson of the Interagency Committee, the

head of any Federal department or agency may detail any of the

personnel of such agency to assist the Interagency Committee in

carrying out its duties under this chapter without regard to

section 3341 of title 5.

-SOURCE-

(Pub. L. 100-533, title IV, Sec. 403, as added Pub. L. 103-403,

title IV, Sec. 413, Oct. 22, 1994, 108 Stat. 4194; amended Pub. L.

105-135, title III, Sec. 301, Dec. 2, 1997, 111 Stat. 2608.)

-COD-

CODIFICATION

December 2, 1997, referred to in subsec. (a)(2)(A), was in the

original ''the date of enactment of the Small Business

Administration Reauthorization Act of 1997'' and December 2, 1997,

referred to in subsec. (b), was in the original ''enactment of the

Small Business Administration Reauthorization Act of 1997'', both

of which were translated as meaning the date of enactment of the

Small Business Reauthorization Act of 1997, Pub. L. 105-135, which

was approved Dec. 2, 1997, to reflect the probable intent of

Congress.

-MISC3-

PRIOR PROVISIONS

A prior section 403 of Pub. L. 100-533, title IV, Oct. 25, 1988,

102 Stat. 2694; Pub. L. 102-191, Sec. 5, Dec. 5, 1991, 105 Stat.

1591, related to membership of the National Women's Business

Council, prior to the general amendment of title IV of Pub. L.

100-533 by Pub. L. 103-403. See section 7107 of this title.

AMENDMENTS

1997 - Subsec. (a)(2)(A). Pub. L. 105-135, Sec. 301(1),

substituted ''December 2, 1997'' for ''October 22, 1994'' and

inserted before period at end '', and who shall report directly to

the head of the agency on the status of the activities of the

Interagency Committee''. See Codification note above.

Subsec. (a)(2)(B). Pub. L. 105-135, Sec. 301(2), inserted before

period at end ''and shall report directly to the Administrator on

the status of the activities on the Interagency Committee and shall

serve as the Interagency Committee Liaison to the National Women's

Business Council established under section 7105 of this title''.

Subsec. (b). Pub. L. 105-135, Sec. 301(3), substituted ''December

2, 1997'' for ''October 22, 1994''. See Codification note above.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section

3 of Pub. L. 105-135, set out as a note under section 631 of this

title.

-CITE-

15 USC Sec. 7104 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 97 - WOMEN'S BUSINESS ENTERPRISE DEVELOPMENT

-HEAD-

Sec. 7104. Reports from the Interagency Committee

-STATUTE-

Not later than September 30, 1995, and annually thereafter, the

Interagency Committee shall transmit, through the Small Business

Administration, to the President and to the Committees on Small

Business of the Senate and the House of Representatives, a report

containing -

(1) a detailed description of the activities of the Interagency

Committee, including a verbatim report on the status of progress

of the Interagency Committee in meeting its responsibilities and

duties under section 7102(a) of this title;

(2) the findings and conclusions of the Interagency Committee;

and

(3) the Interagency Committee's recommendations for such

legislation and administrative actions as the Interagency

Committee considers appropriate to promote the development of

small business concerns owned and controlled by women.

-SOURCE-

(Pub. L. 100-533, title IV, Sec. 404, as added Pub. L. 103-403,

title IV, Sec. 413, Oct. 22, 1994, 108 Stat. 4194; amended Pub. L.

105-135, title III, Sec. 302, Dec. 2, 1997, 111 Stat. 2608.)

-MISC1-

PRIOR PROVISIONS

A prior section 404 of Pub. L. 100-533, title IV, Oct. 25, 1988,

102 Stat. 2695, related to appointment and pay of the Director and

staff of the National Women's Business Council, prior to the

general amendment of title IV of Pub. L. 100-533 by Pub. L.

103-403. See section 7107 of this title.

AMENDMENTS

1997 - Pub. L. 105-135, Sec. 302(1), in introductory provisions,

inserted '', through the Small Business Administration,'' after

''transmit''.

Par. (1). Pub. L. 105-135, Sec. 302(3), inserted before semicolon

at end '', including a verbatim report on the status of progress of

the Interagency Committee in meeting its responsibilities and

duties under section 7102(a) of this title''.

Pub. L. 105-135, Sec. 302(2), redesignated par. (2) as (1) and

struck out former par. (1) which read as follows: ''any

recommendations of the Council and any comments of the Interagency

Committee thereon;''.

Pars. (2) to (4). Pub. L. 105-135, Sec. 302(2), redesignated

pars. (2) to (4) as (1) to (3), respectively.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section

3 of Pub. L. 105-135, set out as a note under section 631 of this

title.

-CITE-

15 USC Sec. 7105 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 97 - WOMEN'S BUSINESS ENTERPRISE DEVELOPMENT

-HEAD-

Sec. 7105. Establishment of the National Women's Business Council

-STATUTE-

There is established a council to be known as the National

Women's Business Council, which shall serve as an independent

source of advice and policy recommendations to the Interagency

Committee, to the Administrator through the Assistant Administrator

of the Office of Women's Business Ownership, to the Congress, and

to the President.

-SOURCE-

(Pub. L. 100-533, title IV, Sec. 405, as added Pub. L. 103-403,

title IV, Sec. 413, Oct. 22, 1994, 108 Stat. 4195.)

-MISC1-

PRIOR PROVISIONS

A prior section 405 of Pub. L. 100-533, title IV, Oct. 25, 1988,

102 Stat. 2696, related to powers of the National Women's Business

Council, prior to the general amendment of title IV of Pub. L.

100-533 by Pub. L. 103-403.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7103, 7108 of this title.

-CITE-

15 USC Sec. 7106 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 97 - WOMEN'S BUSINESS ENTERPRISE DEVELOPMENT

-HEAD-

Sec. 7106. Duties of the Council

-STATUTE-

(a) In general

The Council shall advise and consult with the Interagency

Committee on matters relating to the activities, functions, and

policies of the Interagency Committee, as provided in this

chapter. The Council shall meet jointly with the Interagency

Committee at the discretion of the chairperson of the Council and

the chairperson of the Interagency Committee, but not less than

biannually.

(b) Meetings

The Council shall meet separately at such times as the Council

deems necessary. A majority of the members of the Council shall

constitute a quorum for the approval of recommendations or reports

issued pursuant to this section.

(c) Recommendations

The Council shall make annual recommendations for consideration

by the Interagency Committee. The Council shall also provide

reports and make such other recommendations as it deems appropriate

to the Interagency Committee, to the President, to the

Administrator (through the Assistant Administrator of the Office of

Women's Business Ownership), and to the Committees on Small

Business of the Senate and the House of Representatives.

(d) Other duties

The Council shall -

(1) review, coordinate, and monitor plans and programs

developed in the public and private sectors, which affect the

ability of women-owned business enterprises to obtain capital and

credit;

(2) promote and assist in the development of a women's business

census and other surveys of women-owned businesses;

(3) monitor and promote the plans, programs, and operations of

the departments and agencies of the Federal Government which may

contribute to the establishment and growth of women's business

enterprise;

(4) develop and promote new initiatives, policies, programs,

and plans designed to foster women's business enterprise;

(5) advise and consult with the Interagency Committee in the

design of a comprehensive plan for a joint public-private sector

effort to facilitate growth and development of women's business

enterprise;

(6) not later than 90 days after the last day of each fiscal

year, submit to the President and to the Committee on Small

Business of the Senate and the Committee on Small Business of the

House of Representatives, a report containing -

(A) a detailed description of the activities of the council,

(FOOTNOTE 1) including a status report on the Council's

progress toward meeting its duties outlined in subsections (a)

and (d) of this section;

(FOOTNOTE 1) So in original. Probably should be capitalized.

(B) the findings, conclusions, and recommendations of the

Council; and

(C) the Council's recommendations for such legislation and

administrative actions as the Council considers appropriate to

promote the development of small business concerns owned and

controlled by women.

(e) Form of transmittal

The information included in each report under subsection (d) of

this section that is described in subparagraphs (A) through (C) of

subsection (d)(6) of this section, shall be reported verbatim,

together with any separate additional, concurring, or dissenting

views of the Administrator.

-SOURCE-

(Pub. L. 100-533, title IV, Sec. 406, as added Pub. L. 103-403,

title IV, Sec. 413, Oct. 22, 1994, 108 Stat. 4195; amended Pub. L.

105-135, title III, Sec. 303, Dec. 2, 1997, 111 Stat. 2609.)

-MISC1-

PRIOR PROVISIONS

A prior section 406 of Pub. L. 100-533, title IV, Oct. 25, 1988,

102 Stat. 2696, related to requirement of reports to the President

and Congress by the National Women's Business Council, prior to the

general amendment of title IV of Pub. L. 100-533 by Pub. L.

103-403.

AMENDMENTS

1997 - Subsec. (c). Pub. L. 105-135, Sec. 303(1), inserted

''(through the Assistant Administrator of the Office of Women's

Business Ownership)'' after ''Administrator''.

Subsec. (d)(6). Pub. L. 105-135, Sec. 303(2), added par. (6).

Subsec. (e). Pub. L. 105-135, Sec. 303(2), added subsec. (e).

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section

3 of Pub. L. 105-135, set out as a note under section 631 of this

title.

-CITE-

15 USC Sec. 7107 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 97 - WOMEN'S BUSINESS ENTERPRISE DEVELOPMENT

-HEAD-

Sec. 7107. Membership of the Council

-STATUTE-

(a) Chairperson

The President shall appoint an individual to serve as chairperson

of the Council, in consultation with the Administrator. The

chairperson of the Council shall be a prominent business woman who

is qualified to head the Council by virtue of her education,

training, and experience.

(b) Other members

The Administrator shall, after receiving the recommendations of

the Chairman and the Ranking Member of the Committees on Small

Business of the House of Representatives and the Senate, appoint,

in consultation with the chairperson of the Council appointed under

subsection (a) of this section, 14 members of the Council, of whom

-

(1) 4 shall be -

(A) owners of small businesses, as such term is defined in

section 632 of this title; and

(B) members of the same political party as the President;

(2) 4 shall -

(A) be owners of small businesses, as such term is defined in

section 632 of this title; and

(B) not be members of the same political party as the

President; and

(3) 6 shall be representatives of women's business

organizations, including representatives of women's business

center sites.

(c) Diversity

In appointing members of the Council, the Administrator shall, to

the extent possible, ensure that the members appointed reflect

geographic (including both urban and rural areas), racial,

economic, and sectoral diversity.

(d) Terms

Each member of the Council shall be appointed for a term of 3

years.

(e) Other Federal service

If any member of the Council subsequently becomes an officer or

employee of the Federal Government or of the Congress, such

individual may continue as a member of the Council for not longer

than the 30-day period beginning on the date on which such

individual becomes such an officer or employee.

(f) Vacancies

(1) In general

A vacancy on the Council 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.

(2) Unexpired term

An individual chosen to fill a vacancy shall be appointed for

the unexpired term of the member replaced.

(g) Reimbursements

Members of the Council shall serve without pay for such

membership, except that members shall be entitled to reimbursement

for travel, subsistence, and other necessary expenses incurred by

them in carrying out the functions of the Council, in the same

manner as persons serving on advisory boards pursuant to section

637(b) of this title.

(h) Executive director

The Administrator, in consultation with the chairperson of the

Council, shall appoint an executive director of the Council. Upon

the recommendation by the executive director, the chairperson of

the Council may appoint and fix the pay of 4 additional employees

of the Council, at a rate of pay not to exceed the maximum rate of

pay payable for a position at GS-15 of the General Schedule. All

such appointments shall be subject to the appropriation of funds.

(i) Rates of pay

The executive director and staff of the Council may be appointed

without regard to the provisions of title 5 governing appointments

in the competitive service, and except as provided in subsection

(e) of this section, may be paid 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 the executive director may not receive pay in excess of the

annual rate of basic pay payable for a position at ES-3 of the

Senior Executive Pay Schedule under section 5832 (FOOTNOTE 1) of

title 5.

(FOOTNOTE 1) So in original. Probably should be section

''5382''.

-SOURCE-

(Pub. L. 100-533, title IV, Sec. 407, as added Pub. L. 103-403,

title IV, Sec. 413, Oct. 22, 1994, 108 Stat. 4196; amended Pub. L.

105-135, title III, Sec. 304, Dec. 2, 1997, 111 Stat. 2609; Pub. L.

106-554, Sec. 1(a)(9) (title VII, Sec. 702), Dec. 21, 2000, 114

Stat. 2763, 2763A-701.)

-REFTEXT-

REFERENCES IN TEXT

The General Schedule, referred to in subsecs. (h) and (i), is set

out under section 5332 of Title 5, Government Organization and

Employees.

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (i), are classified to

section 3301 et seq. of Title 5, Government Organization and

Employees.

-MISC2-

PRIOR PROVISIONS

A prior section 407 of Pub. L. 100-533, title IV, Oct. 25, 1988,

102 Stat. 2696; Pub. L. 103-81, Sec. 11, Aug. 13, 1993, 107 Stat.

783, related to authorization of appropriations to carry out this

chapter, prior to the general amendment of title IV of Pub. L.

100-533 by Pub. L. 103-403. See section 7110 of this title.

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-554, Sec. 1(a)(9) (title VII,

Sec. 702(1)), substituted ''The President'' for ''Not later than 45

days after December 2, 1997, the President''.

Subsec. (b). Pub. L. 106-554, Sec. 1(a)(9) (title VII, Sec.

702(2)), in introductory provisions, substituted ''The

Administrator'' for ''Not later than 60 days after December 2,

1997, the Administrator'' and struck out ''the Assistant

Administrator of the Office of Women's Business Ownership and''

after ''in consultation with''.

Subsec. (d). Pub. L. 106-554, Sec. 1(a)(9) (title VII, Sec.

702(3)), struck out before period at end '', except that, of the

initial members appointed to the Council -

''(1) 2 members appointed under subsection (b)(1) of this

section shall be appointed for a term of 1 year;

''(2) 2 members appointed under subsection (b)(2) of this

section shall be appointed for a term of 1 year; and

''(3) each member appointed under subsection (b)(3) of this

section shall be appointed for a term of 2 years''.

Subsec. (h). Pub. L. 106-554, Sec. 1(a)(9) (title VII, Sec.

702(4)), substituted ''The Administrator'' for ''Not later than 60

days after October 22, 1994, the Administrator''.

1997 - Subsec. (a). Pub. L. 105-135, Sec. 304(1), made

substitution in original which was executed by substituting

''December 2, 1997'' for ''October 22, 1994'' to reflect the

probable intent of Congress.

Subsec. (b). Pub. L. 105-135, Sec. 304(2)(A)-(C), in introductory

provisions made substitution in original which was executed by

substituting ''December 2, 1997'' for ''October 22, 1994'' to

reflect the probable intent of Congress, inserted '', after

receiving the recommendations of the Chairman and the Ranking

Member of the Committees on Small Business of the House of

Representatives and the Senate,'' after ''the Administrator

shall'', and substituted ''14'' for ''9''.

Subsec. (b)(1), (2). Pub. L. 105-135, Sec. 304(2)(D), (E),

substituted ''4'' for ''2'' in introductory provisions.

Subsec. (b)(3). Pub. L. 105-135, Sec. 304(2)(F), substituted

''6'' for ''5'', struck out ''national'' after ''representatives

of'', and inserted before period at end '', including

representatives of women's business center sites''.

Subsec. (c). Pub. L. 105-135, Sec. 304(3), inserted ''(including

both urban and rural areas)'' after ''geographic''.

Subsec. (d). Pub. L. 105-135, Sec. 304(4), added subsec. (d) and

struck out heading and text of former subsec. (d). Text read as

follows: ''The term of service of the members of the Council shall

be 3 years.''

Subsec. (f). Pub. L. 105-135, Sec. 304(5), added subsec. (f) and

struck out heading and text of former subsec. (f). Text read as

follows: ''A vacancy on the Council shall, not later than 30 days

after the date on which the vacancy occurs, be filled in the same

manner in which the original appointment was made.''

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section

3 of Pub. L. 105-135, set out as a note under section 631 of this

title.

-CITE-

15 USC Sec. 7108 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 97 - WOMEN'S BUSINESS ENTERPRISE DEVELOPMENT

-HEAD-

Sec. 7108. Definitions

-STATUTE-

For purposes of this chapter -

(1) the term ''Administration'' means the Small Business

Administration;

(2) the term ''Administrator'' means the Administrator of the

Small Business Administration;

(3) the term ''control'' means exercising the power to make

policy decisions concerning a business;

(4) the term ''Council'' means the National Women's Business

Council, established under section 7105 of this title;

(5) the term ''Interagency Committee'' means the Interagency

Committee on Women's Business Enterprise, established under

section 7101 of this title;

(6) the term ''operate'' means being actively involved in the

day-to-day management of a business;

(7) the term ''women's business enterprise'' means -

(A) a business or businesses owned by a woman or a group of

women; or

(B) the establishment, maintenance, or development of a

business or businesses by a woman or a group of women; and

(8) the term ''women-owned business'' means a small business

which a woman or a group of women -

(A) control and operate; and

(B) own not less than 51 percent of the business.

-SOURCE-

(Pub. L. 100-533, title IV, Sec. 408, as added Pub. L. 103-403,

title IV, Sec. 413, Oct. 22, 1994, 108 Stat. 4197.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 656 of this title.

-CITE-

15 USC Sec. 7109 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 97 - WOMEN'S BUSINESS ENTERPRISE DEVELOPMENT

-HEAD-

Sec. 7109. Studies and other research

-STATUTE-

(a) In general

The Council may conduct such studies and other research relating

to the award of Federal prime contracts and subcontracts to

women-owned businesses, to access to credit and investment capital

by women entrepreneurs, or to other issues relating to women-owned

businesses, as the Council determines to be appropriate.

(b) Contract authority

In conducting any study or other research under this section, the

Council may contract with one or more public or private entities.

-SOURCE-

(Pub. L. 100-533, title IV, Sec. 409, formerly Sec. 410, as added

Pub. L. 105-135, title III, Sec. 307, Dec. 2, 1997, 111 Stat. 2611;

renumbered Sec. 409 and amended Pub. L. 106-554, Sec. 1(a)(9)

(title VII, Sec. 704), Dec. 21, 2000, 114 Stat. 2763, 2763A-701.)

-MISC1-

PRIOR PROVISIONS

A prior section 409 of Pub. L. 100-533, as added Pub. L. 105-135,

title III, Sec. 306, Dec. 2, 1997, 111 Stat. 2610, related to the

National Women's Business Council procurement project, prior to

repeal by Pub. L. 106-554, Sec. 1(a)(9) (title VII, Sec. 703), Dec.

21, 2000, 114 Stat. 2763, 2763A-701.

Another prior section 409 of Pub. L. 100-533 was renumbered

section 410 and is classified to section 7110 of this title.

AMENDMENTS

2000 - Pub. L. 106-554 amended section catchline and text

generally. Prior to amendment, text provided conditional

authorization for the Council to conduct studies and research

relating to the award of Federal prime contracts and subcontracts

to women-owned businesses or to issues relating to access to credit

and investment capital by women entrepreneurs and to contract with

other entities to conduct such studies and research.

EFFECTIVE DATE

Section effective Oct. 1, 1997, see section 3 of Pub. L. 105-135,

set out as an Effective Date of 1997 Amendment note under section

631 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7110 of this title.

-CITE-

15 USC Sec. 7110 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 97 - WOMEN'S BUSINESS ENTERPRISE DEVELOPMENT

-HEAD-

Sec. 7110. Authorization of appropriations

-STATUTE-

(a) In general

There is authorized to be appropriated to carry out this chapter

$1,000,000, for each of fiscal years 2001 through 2003, of which

$550,000 shall be available in each such fiscal year to carry out

section 7109 of this title.

(b) Budget review

No amount made available under this section for any fiscal year

may be obligated or expended by the Council before the date on

which the Council reviews and approves the operating budget of the

Council to carry out the responsibilities of the Council for that

fiscal year.

-SOURCE-

(Pub. L. 100-533, title IV, Sec. 410, formerly Sec. 409, as added

Pub. L. 103-403, title IV, Sec. 413, Oct. 22, 1994, 108 Stat. 4197;

renumbered Sec. 411 and amended Pub. L. 105-135, title III, Sec.

305, Dec. 2, 1997, 111 Stat. 2610; renumbered Sec. 410 and amended

Pub. L. 106-554, Sec. 1(a)(9) (title VII, Sec. 705), Dec. 21, 2000,

114 Stat. 2763, 2763A-702.)

-MISC1-

PRIOR PROVISIONS

A prior section 410 of Pub. L. 100-533 was renumbered section 409

and is classified to section 7109 of this title.

AMENDMENTS

2000 - Pub. L. 106-554 amended section catchline and text

generally. Prior to amendment, text authorized appropriations to

carry out this chapter for fiscal years 1998 through 2000 and

limited obligation or expenditure of those funds prior to the

budget review by the Council for that fiscal year.

1997 - Pub. L. 105-135 amended section catchline and text

generally. Prior to amendment, text read as follows: ''There are

authorized to be appropriated for each of fiscal years 1995 through

1997, to carry out this chapter, $350,000.''

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section

3 of Pub. L. 105-135, set out as a note under section 631 of this

title.

-CITE-