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NWBC Statutory Authority
"Sec. 405. 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.
"Sec. 406. Duties of the Council.
"(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 title. 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, including a status report
on the Council's progress toward meeting its duties outlined in subsections
(a) and (d) of section 406 [this note];
"(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 note]
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.
"Sec. 407. Membership of the Council.
"(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), 14 members of the Council,
of whom--
"(1) 4 shall
be--
"(A) owners of
small businesses, as such term is defined in section 3 of the Small Business
Act [15 U.S.C. 632]; 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 3 of the Small
Business Act [15 U.S.C. 632]; 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 theCouncil 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 8(b) of the Small Business Act [section 637(b) of
the 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, United States Code, 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 of title 5, United States Code.
"Sec. 408. Definitions.
"For purposes of this title--
"(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 405;
"(5) the term
'Interagency Committee' means the Interagency Committee on Women's Business
Enterprise, established under section 401;
"(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.
"Sec. 409. Studies and Other Research.
"(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.
"Sec. 410. Authorization of Appropriations.
"(a) In general.--There
is authorized to be appropriated to carry out this title $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 409 [of this note].
"(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."
[Section 409 repealed, sections 410
and 411 redesignated as 409 and 410, and amended by Pub.L.
106-554, § 1(a)(9) [Title VII, § 703 to 705], Dec. 21, 2000,
114 Stat. 2763, 2763-___.]
*Posted: 9-20-01
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