Pub. L. 103-403, tit. IV, subtit. B, sec. 413

DEVELOPMENT OF WOMEN’S BUSINESS ENTERPRISE.

EnactedYear: 1994Length: 1,918 wordsOfficial source
SEC. 413. DEVELOPMENT OF WOMEN’S BUSINESS ENTERPRISE. Title IV of the Women’s Business Ownership Act of 1988 (15 U.S.C. 631 note) is amended to read as follows: “TITLE IV—DEVELOPMENT OF WOMEN’S BUSINESS ENTERPRISE “SEC. 401. ESTABLISHMENT OF THE INTERAGENCY COMMITTEE. “There is established an interagency committee to be known as the Interagency Committee on Women’s Business Enterprise. “SEC. 402. DUTIES OF THE INTERAGENCY COMMITTEE. “(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 the effective date of the Small Business Administration Reauthorization and Amendments Act of 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). 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), the Interagency Committee shall consult with 108 STAT. 4194the 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. “SEC. 403. MEMBERSHIP OF THE INTERAGENCY COMMITTEE. “(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 the date of enactment of the Small Business Administration Reauthorization and Amendments Act of 1994, designate a representative who shall be a policymaking official within the department or agency. “(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 chain person of the Interagency Committee. “(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 enactment of the Small Business Administration Reauthorization and Amendments Act of 1994, 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 title without regard to section 3341 of title 5, United States Code. “SEC. 404. REPORTS FROM THE INTERAGENCY COMMITTEE. “Not later than September 30, 1995, and annually thereafter, the Interagency Committee shall transmit to the President and 108 STAT. 4195to the Committees on Small Business of the Senate and the House of Representatives, a report containing— “(1) any recommendations of the Council and any comments of the Interagency Committee thereon; “(2) a detailed description of the activities of the Inter-agency Committee; “(3) the findings and conclusions of the Interagency Committee; and “(4) 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. “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 seems appropriate to the Interagency Committee, to the President, to the Administrator, 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, pro-grams, and plans designed to foster women’s business enterprise; and “(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. 108 STAT. 4196 “SEC. 407. MEMBERSHIP OF THE COUNCIL. “(a) Chairperson.—Not later than 45 days after the date of enactment of the Small Business Administration Reauthorization and Amendments Act of 1994, 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.—Not later than 60 days after the date of enactment of the Small Business Administration Reauthorization and Amendments Act of 1994, the Administrator shall appoint, in consultation with the Assistant Administrator of the Office of Women’s Business Ownership and the chairperson of the Council appointed under subsection (a), 9 members of the Council, of whom— “(1) 2 shall be— “(A) owners of small businesses, as such term is defined in section 3 of the Small Business Act; and “(B) members of the same political party as the President; “(2) 2 shall— “(A) be owners of small businesses, as such term is defined in section 3 of the Small Business Act; and “(B) not be members of the same political party as the President; and “(3) 5 shall be representatives of national women’s business organizations. “(c) Diversity.—In appointing members of the Council, the Administrator shall, to the extent possible, ensure that the members appointed reflect geographic, racial, economic, and sectoral diversity. “(d) Service Term.—The term of service of the members of the Council shall be 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.—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. “(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. “(h) Executive Director.— Not later than 60 days after the date of enactment of the Small Business Administration Reauthorization Act of 1994, 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–108 STAT. 419715 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 Inter-agency 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. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated for each of fiscal years 1995 through 1997, to carry out this title, $350,000”