Authority

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 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
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-___.]