§ 7101. — Establishment of the Interagency Committee.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC7101]
TITLE 15--COMMERCE AND TRADE
CHAPTER 97--WOMEN'S BUSINESS ENTERPRISE DEVELOPMENT
Sec. 7101. Establishment of the Interagency Committee
There is established an interagency committee to be known as the
Interagency Committee on Women's Business Enterprise.
(Pub. L. 100-533, title IV, Sec. 401, as added Pub. L. 103-403, title
IV, Sec. 413, Oct. 22, 1994, 108 Stat. 4193.)
Prior Provisions
A prior section 401 of Pub. L. 100-533, title IV, Oct. 25, 1988, 102
Stat. 2694, related to the establishment of the National Women's
Business Council, prior to the general amendment of title IV of Pub. L.
100-533 by Pub. L. 103-403. See section 7105 of this title.
Short Title of 2000 Amendment
Pub. L. 106-554, Sec. 1(a)(9) [title VII, Sec. 701], Dec. 21, 2000,
114 Stat. 2763, 2763A-701, provided that: ``This title [amending
sections 7107, 7109, and 7110 of this title and repealing former section
7109 of this title] may be cited as the `National Women's Business
Council Reauthorization Act of 2000'.''
Ex. Ord. No. 12138. National Women's Business Enterprise Policy and
National Program for Women's Business Enterprise
Ex. Ord. No. 12138, May 18, 1979, 44 F.R. 29637, as amended by Ex.
Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
In response to the findings of the Interagency Task Force on Women
Business Owners and congressional findings that recognize:
1. the significant role which small business and women entrepreneurs
can play in promoting full employment and balanced growth in our
economy;
2. the many obstacles facing women entrepreneurs; and
3. the need to aid and stimulate women's business enterprise;
By the authority vested in me as President of the United States of
America, in order to create a National Women's Business Enterprise
Policy and to prescribe arrangements for developing, coordinating and
implementing a national program for women's business enterprise, it is
ordered as follows:
1-1. Responsibilities of the Federal Departments and Agencies
1-101. Within the constraints of statutory authority and as
otherwise permitted by law:
(a) Each department and agency of the Executive Branch shall take
appropriate action to facilitate, preserve and strengthen women's
business enterprise and to ensure full participation by women in the
free enterprise system.
(b) Each department and agency shall take affirmative action in
support of women's business enterprise in appropriate programs and
activities including but not limited to:
(1) management, technical, financial and procurement assistance,
(2) business-related education, training, counseling and information
dissemination, and
(3) procurement.
(c) Each department or agency empowered to extend Federal financial
assistance to any program or activity shall issue regulations requiring
the recipient of such assistance to take appropriate affirmative action
in support of women's business enterprise and to prohibit actions or
policies which discriminate against women's business enterprise on the
ground of sex. For purposes of this subsection, Federal financial
assistance means assistance extended by way of grant, cooperative
agreement, loan or contract other than a contract of insurance or
guaranty. These regulations shall prescribe sanctions for noncompliance.
Unless otherwise specified by law, no agency sanctions shall be applied
until the agency or department concerned has advised the appropriate
person or persons of the failure to comply with its regulations and has
determined that compliance cannot be secured by voluntary means.
1-102. For purposes of this Order, affirmative action may include,
but is not limited to, creating or supporting new programs responsive to
the special needs of women's business enterprise, establishing
incentives to promote business or business-related opportunities for
women's business enterprise, collecting and disseminating information in
support of women's business enterprise, and insuring to women's business
enterprise knowledge of and ready access to business-related services
and resources. If, in implementing this Order, an agency undertakes to
use or to require compliance with numerical set-asides, or similar
measures, it shall state the purpose of such measure, and the measure
shall be designed on the basis of pertinent factual findings of
discrimination against women's business enterprise and the need for such
measure.
1-103. In carrying out their responsibilities under Section 1-1, the
departments and agencies shall consult the Department of Justice, and
the Department of Justice shall provide legal guidance concerning these
responsibilities.
1-2. Establishment of the Interagency Committee on Women's
Business Enterprise
1-201. To help insure that the actions ordered above are carried out
in an effective manner, I hereby establish the Interagency Committee on
Women's Business Enterprise (hereinafter called the Committee).
1-202. The Chairperson of the Committee (hereinafter called the
Chairperson) shall be appointed by the President. The Chairperson shall
be the presiding officer of the Committee and shall have such duties as
prescribed in this Order or by the Committee in its rules of procedure.
The Chairperson may also represent his or her department, agency or
office on the Committee.
1-203. The Committee shall be composed of the Chairperson and other
members appointed by the heads of departments and agencies from among
high level policy-making officials. In making these appointments, the
recommendations of the Chairperson shall be taken into consideration.
The following departments and agencies and such other departments and
agencies as the Chairperson shall select shall be members of the
Committee: the Departments of Agriculture; Commerce; Defense; Energy;
Health and Human Services; Housing and Urban Development; Interior;
Justice; Labor; Transportation; Treasury; the Federal Trade Commission;
General Services Administration; National Science Foundation; Office of
Federal Procurement Policy; and the Small Business Administration. These
members shall have a vote. Nonvoting members shall include the Executive
Director of the Committee and at least one but no more than three
representatives from the Executive Office of the President appointed by
the President.
1-204. The Committee shall meet at least quarterly at the call of
the Chairperson, and at such other times as may be determined to be
useful according to the rules of procedure adopted by the Committee.
1-205. The Administrator of the Small Business Administration shall
provide an Executive Director and adequate staff and administrative
support for the Committee. The staff shall be located in the Office of
the Chief Counsel for Advocacy of the Small Business Administration, or
in such other office as may be established specifically to further the
policies expressed herein. Nothing in this Section prohibits the use of
other properly available funds and resources in support of the
Committee.
1-3. Functions of the Committee
The Committee shall in a manner consistent with law:
1-301. Promote, coordinate and monitor the plans, programs and
operations of the departments and agencies of the Executive Branch which
may contribute to the establishment, preservation and strengthening of
women's business enterprise. It may, as appropriate, develop
comprehensive interagency plans and specific program goals for women's
business enterprise with the cooperation of the departments and
agencies.
1-302. Establish such policies, definitions, procedures and
guidelines to govern the implementation, interpretation and application
of this order, and generally perform such functions and take such steps
as the Committee may deem to be necessary or appropriate to achieve the
purposes and carry out the provisions hereof.
1-303. Promote the mobilization of activities and resources of State
and local governments, business and trade associations, private
industry, colleges and universities, foundations, professional
organizations, and volunteer and other groups toward the growth of
women's business enterprise, and facilitate the coordination of the
efforts of these groups with those of the departments and agencies.
1-304. Make an annual assessment of the progress made in the Federal
Government toward assisting women's business enterprise to enter the
mainstream of business ownership and to provide recommendations for
future actions to the President.
1-305. Convene and consult as necessary with persons inside and
outside government to develop and promote new ideas concerning the
development of women's business enterprise.
1-306. Consider the findings and recommendations of government and
private sector investigations and studies of the problems of women
entrepreneurs, and promote further research into such problems.
1-307. Design a comprehensive and innovative plan for a joint
Federal and private sector effort to develop increased numbers of new
women-owned businesses and larger and more successful women-owned
businesses. The plan should set specific reasonable targets which can be
achieved at reasonable and identifiable costs and should provide for the
measurement of progress towards these targets at the end of two and five
years. Related outcomes such as income and tax revenues generated, jobs
created, new products and services introduced or new domestic or foreign
markets created should also be projected and measured in relation to
costs wherever possible. The Committee should submit the plan to the
President for approval within six months of the effective date of this
Order.
1-4. Other Responsibilities of the Federal Departments and
Agencies
1-401. The head of each department and agency shall designate a high
level official to have the responsibility for the participation and
cooperation of that department or agency in carrying out this Executive
order. This person may be the same person who is the department or
agency's representative to the Committee.
1-402. To the extent permitted by law, each department and agency
upon request by the Chairperson shall furnish information, assistance
and reports and otherwise cooperate with the Chairperson and the
Committee in the performance of their functions hereunder. Each
department or agency shall ensure that systematic data collection
processes are capable of providing the Committee current data helpful in
evaluating and promoting the efforts herein described.
1-403. The officials designated under Section 1-401, when so
requested, shall review the policies and programs of the women's
business enterprise program, and shall keep the Chairperson informed of
proposed budget, plans and programs of their departments or agencies
affecting women's business enterprise.
1-404. Each Federal department or agency, within constraints of law,
shall continue current efforts to foster and promote women's business
enterprise and to support the program herein set forth, and shall
cooperate with the Chairperson and the Committee in increasing the total
Federal effort.
1-5. Reports
1-501. The Chairperson shall, promptly after the close of the fiscal
year, submit to the President a full report of the activities of the
Committee hereunder during the previous fiscal year. Further, the
Chairperson shall, from time to time, submit to the President the
Committee's recommendations for legislation or other action to promote
the purposes of this Order.
1-502. Each Federal department and agency shall report to the
Chairperson as hereinabove provided on a timely basis so that the
Chairperson and the Committee can consider such reports for the
Committee report to the President.
1-6. Definitions
For the purposes of this Order, the following definitions shall
apply:
1-601. ``Women-owned business'' means a business that is at least 51
percent owned by a woman or women who also control and operate it.
``Control'' in this context means exercising the power to make policy
decisions. ``Operate'' in this context means being actively involved in
the day-to-day management.
1-602. ``Women's business enterprise'' means a woman-owned business
or businesses or the efforts of a woman or women to establish, maintain
or develop such a business or businesses.
1-603. Nothing in subsections 1-601 or 1-602 of this Section (1-6)
should be construed to prohibit the use of other definitions of a woman-
owned business or women's business enterprise by departments and
agencies of the Executive Branch where other definitions are deemed
reasonable and useful for any purpose not inconsistent with the purposes
of this Order. Wherever feasible, departments and agencies should use
the definition of a woman-owned business in subsection 1-601 above for
monitoring performance with respect to women's business enterprise in
order to assure comparability of data throughout the Federal Government.
1-7. Construction
Nothing in this Order shall be construed as limiting the meaning or
effect of any existing Executive order.
Section Referred to in Other Sections
This section is referred to in section 7108 of this title.
