USC Chapter 97

USC Chapter 97
in effect

15 U.S.C. § 7101 Establishment of the Interagency Committee

There is established an interagency committee to be known as the Interagency Committee on Women’s Business Enterprise.

15 U.S.C. § 7102 Duties of the Interagency Committee

(a) In generalThe 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) MeetingsThe 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). 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 CouncilIn performing its duties under subsection (a), 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.

15 U.S.C. § 7103 Membership of the Interagency Committee

(a) In general(1) ParticipantsThe 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 generalExcept 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 AdministrationWith 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 participationOther 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 chairpersonNot 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) NoncompensationThe members of the Interagency Committee shall serve without additional pay for such membership. (d) Detail of Federal employeesUpon 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.

15 U.S.C. § 7104 Reports from the Interagency Committee

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.

15 U.S.C. § 7105 Establishment of the National Women’s Business Council

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.

15 U.S.C. § 7106 Duties of the Council

(a) In generalThe 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) MeetingsThe 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) RecommendationsThe 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 dutiesThe 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; 11 So in original. Semicolon probably should be followed by “and”. (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,22 So in original. Probably should be capitalized. including a status report on the Council’s progress toward meeting its duties outlined in subsections (a) and (d) of this section; (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 transmittalThe information included in each report under subsection (d) that is described in subparagraphs (A) through (C) of subsection (d)(6), shall be reported verbatim, together with any separate additional, concurring, or dissenting views of the Administrator.

15 U.S.C. § 7107 Membership of the Council

(a) ChairpersonThe 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 membersThe 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), 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) DiversityIn 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) TermsEach member of the Council shall be appointed for a term of 3 years. (e) Other Federal serviceIf 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 generalA 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 termAn individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (g) ReimbursementsMembers 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 directorThe 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 payThe 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), 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 11 So in original. Probably should be section “5382”. of title 5.

15 U.S.C. § 7108 Definitions

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.

15 U.S.C. § 7109 Studies and other research

(a) In generalThe 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 authorityIn conducting any study or other research under this section, the Council may contract with one or more public or private entities.

15 U.S.C. § 7110 Authorization of appropriations

(a) In generalThere 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 reviewNo 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.

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