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Title 15 — Commerce and Trade

Chapter 97 — Women’s Business Enterprise Development

§ 7107. Membership of the Council

Statutory text

(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 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), 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 1 of title 5.

Footnotes

  1. 1 So in original. Probably should be section “5382”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Women’s Business Ownership Act of 1988

    Pub. L. 100–533 title IV § 407 · 102 Stat. 2689

    Enacted · 15 U.S.C. § 7107

    Pub. L. 100–533, title IV, § 407, as added Pub. L. 103–403, title IV, § 413, Oct. 22, 1994, 108 Stat. 4196

    Source evidence

    Code source credit
    Pub. L. 100–533, title IV, § 407, as added Pub. L. 103–403, title IV, § 413, Oct. 22, 1994, 108 Stat. 4196

    Enacted provision · exact public law section
    SEC. 407. AUTHORIZATION. There are authorized to be appropriated such sums as may be necessary to carry out this title and they may remain available until Contracts. expended. New spending authority or authority to enter into contracts as authorized in this Act shall be effective only to such extent and in such amounts as are provided in advance in appropriation Termination date. Acts. This title shall cease to be effective five years after the date of enactment.

  2. Small Business Reauthorization Act of 1997

    Pub. L. 105–135 § 304(1) · 111 Stat. 2592

    Substituted · 15 U.S.C. § 7107(a)

    Pub. L. 105–135, § 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

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–135, § 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.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “and Amendments Act of 1994” and inserting “Act of 1997”;

    Effective date note
    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.

  3. Small Business Reauthorization Act of 1997

    Pub. L. 105–135 § 304(2)(A) · 111 Stat. 2592

    1. Substituted · 15 U.S.C. § 7107(b)

      Pub. L. 105–135, § 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

    2. Substituted · 15 U.S.C. § 7107(b)

      Pub. L. 105–135, § 304(2)(A)–(C), in introductory provisions made substitution in original which was executed by 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”

    3. Substituted · 15 U.S.C. § 7107(b)

      Pub. L. 105–135, § 304(2)(A)–(C), in introductory provisions made substitution in original which was executed by substituted “14” for “9”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–135, § 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”.

    Enacted provision · exact public law section
    (A) by striking “and Amendments Act of 1994” and inserting “Act of 1997”;

    Effective date note
    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.

  4. Small Business Reauthorization Act of 1997

    Pub. L. 105–135 § 304(2)(D) · 111 Stat. 2592

    Substituted · 15 U.S.C. § 7107(b)(1); 15 U.S.C. § 7107(b)(2)

    Pub. L. 105–135, § 304(2)(D), (E), substituted “4” for “2” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(1), (2). Pub. L. 105–135, § 304(2)(D), (E), substituted “4” for “2” in introductory provisions.

    Enacted provision · exact public law section
    (D) in paragraph (1), by striking “2” and inserting “4”.

    Effective date note
    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.

  5. Small Business Reauthorization Act of 1997

    Pub. L. 105–135 § 304(2)(F) · 111 Stat. 2592

    1. Substituted · 15 U.S.C. § 7107(b)(3)

      Pub. L. 105–135, § 304(2)(F), substituted “6” for “5”

    2. Struck · 15 U.S.C. § 7107(b)(3)

      Pub. L. 105–135, § 304(2)(F), struck out “national” after “representatives of”

    3. Inserted · 15 U.S.C. § 7107(b)(3)

      Pub. L. 105–135, § 304(2)(F), inserted before period at end “, including representatives of women’s business center sites”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 105–135, § 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”.

    Enacted provision · exact public law section
    (F) in paragraph (3)— (i) by striking “5” and inserting “6”; (ii) by striking “national”; and (iii) by inserting “, including representatives of women’s business center sites” before the period at the end;

    Effective date note
    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.

  6. Small Business Reauthorization Act of 1997

    Pub. L. 105–135 § 304(3) · 111 Stat. 2592

    Inserted · 15 U.S.C. § 7107(c)

    Pub. L. 105–135, § 304(3), inserted “(including both urban and rural areas)” after “geographic”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–135, § 304(3), inserted “(including both urban and rural areas)” after “geographic”.

    Enacted provision · exact public law section
    (3) in subsection (c), by inserting “(including both urban and rural areas)” after “geographic”;

    Effective date note
    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.

  7. Small Business Reauthorization Act of 1997

    Pub. L. 105–135 § 304(4) · 111 Stat. 2592

    1. Added · 15 U.S.C. § 7107(d)

      Pub. L. 105–135, § 304(4), added subsec. (d)

    2. Struck · 15 U.S.C. § 7107(d)

      Pub. L. 105–135, § 304(4), 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.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 105–135, § 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.”

    Enacted provision · exact public law section
    (4) by striking subsection (d) and inserting the following: “(d) Terms.— Each member of the Council shall be appointed for a term of 3 years, except that, of the initial members appointed to the Council— “(1) 2 members appointed under subsection (b)(1) shall be appointed for a term of 1 year; “(2) 2 members appointed under subsection (b)(2) shall be appointed for a term of 1 year; and “(3) each member appointed under subsection (b)(3) shall be appointed for a term of 2 years.”; and

    Effective date note
    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.

  8. Small Business Reauthorization Act of 1997

    Pub. L. 105–135 § 304(5) · 111 Stat. 2592

    1. Added · 15 U.S.C. § 7107(f)

      Pub. L. 105–135, § 304(5), added subsec. (f)

    2. Struck · 15 U.S.C. § 7107(f)

      Pub. L. 105–135, § 304(5), 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.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 105–135, § 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.”

    Enacted provision · exact public law section
    (5) by striking subsection (f) and inserting the following: “(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.”.

    Effective date note
    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.

  9. Consolidated Appropriations Act, 2001

    Pub. L. 106–554 § 1(a)(9)(tVII)(s702)(1) · 114 Stat. 2763

    Substituted · 15 U.S.C. § 7107(a)

    Pub. L. 106–554, § 1(a)(9) [title VII, § 702(1)], substituted “The President” for “Not later than 45 days after December 2, 1997, the President”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 106–554, § 1(a)(9) [title VII, § 702(1)], substituted “The President” for “Not later than 45 days after December 2, 1997, the President”.

    Enacted provision · exact public law section
    (9) H.R. 5667, as introduced on December 15, 2000.

  10. Consolidated Appropriations Act, 2001

    Pub. L. 106–554 § 1(a)(9)(tVII)(s702)(2) · 114 Stat. 2763

    1. Substituted · 15 U.S.C. § 7107(b)

      Pub. L. 106–554, § 1(a)(9) [title VII, § 702(2)], in introductory provisions, substituted “The Administrator” for “Not later than 60 days after December 2, 1997, the Administrator”

    2. Struck · 15 U.S.C. § 7107(b)

      Pub. L. 106–554, § 1(a)(9) [title VII, § 702(2)], in introductory provisions, struck out “the Assistant Administrator of the Office of Women’s Business Ownership and” after “in consultation with”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 106–554, § 1(a)(9) [title VII, § 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”.

    Enacted provision · exact public law section
    (9) H.R. 5667, as introduced on December 15, 2000.

  11. Consolidated Appropriations Act, 2001

    Pub. L. 106–554 § 1(a)(9)(tVII)(s702)(3) · 114 Stat. 2763

    Struck · 15 U.S.C. § 7107(d)

    Pub. L. 106–554, § 1(a)(9) [title VII, § 702(3)], struck out before period at end “, except that, of the initial members appointed to the Council—

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 106–554, § 1(a)(9) [title VII, § 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”.

    Enacted provision · exact public law section
    (9) H.R. 5667, as introduced on December 15, 2000.

  12. Consolidated Appropriations Act, 2001

    Pub. L. 106–554 § 1(a)(9)(tVII)(s702)(4) · 114 Stat. 2763

    Substituted · 15 U.S.C. § 7107(h)

    Pub. L. 106–554, § 1(a)(9) [title VII, § 702(4)], substituted “The Administrator” for “Not later than 60 days after October 22, 1994, the Administrator”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 106–554, § 1(a)(9) [title VII, § 702(4)], substituted “The Administrator” for “Not later than 60 days after October 22, 1994, the Administrator”.

    Enacted provision · exact public law section
    (9) H.R. 5667, as introduced on December 15, 2000.

19 of 19 references resolved to an enrolled provision

Editorial Notes

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.

Prior Provisions

A prior section 407 of Pub. L. 100–533, title IV, , 102 Stat. 2696; Pub. L. 103–81, § 11, , 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.

Amendments1997–2000 · 2 rounds

2000

Subsec. (a). Pub. L. 106–554, § 1(a)(9) [title VII, § 702(1)], substituted “The President” for “Not later than 45 days after , the President”.

Subsec. (b). Pub. L. 106–554, § 1(a)(9) [title VII, § 702(2)], in introductory provisions, substituted “The Administrator” for “Not later than 60 days after , 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, § 1(a)(9) [title VII, § 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, § 1(a)(9) [title VII, § 702(4)], substituted “The Administrator” for “Not later than 60 days after , the Administrator”.

1997

Subsec. (a). Pub. L. 105–135, § 304(1), made substitution in original which was executed by substituting “” for “” to reflect the probable intent of Congress.

Subsec. (b). Pub. L. 105–135, § 304(2)(A)–(C), in introductory provisions made substitution in original which was executed by substituting “” for “” 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, § 304(2)(D), (E), substituted “4” for “2” in introductory provisions.

Subsec. (b)(3). Pub. L. 105–135, § 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, § 304(3), inserted “(including both urban and rural areas)” after “geographic”.

Subsec. (d). Pub. L. 105–135, § 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, § 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.”

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Small Business of Senate changed to Committee on Small Business and Entrepreneurship of Senate. See Senate Resolution No. 123, One Hundred Seventh Congress, .

Effective Date of 1997 Amendment

Amendment by Pub. L. 105–135 effective , see section 3 of Pub. L. 105–135, set out as a note under section 631 of this title.

Credits

1994–2000 · 3 acts
  1. 1994Pub. L. 100–533, title IV, § 407, as added Pub. L. 103–403, title IV, § 413, , 108 Stat. 4196
  2. 1997amended Pub. L. 105–135, title III, § 304, , 111 Stat. 2609
  3. 2000Pub. L. 106–554, § 1(a)(9) [title VII, § 702], , 114 Stat. 2763, 2763A–701.
Show as published

(Pub. L. 100–533, title IV, § 407, as added Pub. L. 103–403, title IV, § 413, , 108 Stat. 4196; amended Pub. L. 105–135, title III, § 304, , 111 Stat. 2609; Pub. L. 106–554, § 1(a)(9) [title VII, § 702], , 114 Stat. 2763, 2763A–701.)

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