§ 7107. — Membership of the Council.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC7107]
TITLE 15--COMMERCE AND TRADE
CHAPTER 97--WOMEN'S BUSINESS ENTERPRISE DEVELOPMENT
Sec. 7107. 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) of
this section, 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) of
this section, 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.
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\1\ So in original. Probably should be section ``5382''.
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(Pub. L. 100-533, title IV, Sec. 407, as added Pub. L. 103-403, title
IV, Sec. 413, Oct. 22, 1994, 108 Stat. 4196; amended Pub. L. 105-135,
title III, Sec. 304, Dec. 2, 1997, 111 Stat. 2609; Pub. L. 106-554,
Sec. 1(a)(9) [title VII, Sec. 702], Dec. 21, 2000, 114 Stat. 2763,
2763A-701.)
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.
The provisions of title 5 governing appointments in the competitive
service, referred to in subsec. (i), are classified to section 3301 et
seq. of Title 5, Government Organization and Employees.
Prior Provisions
A prior section 407 of Pub. L. 100-533, title IV, Oct. 25, 1988, 102
Stat. 2696; Pub. L. 103-81, Sec. 11, Aug. 13, 1993, 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.
Amendments
2000--Subsec. (a). Pub. L. 106-554, Sec. 1(a)(9) [title VII,
Sec. 702(1)], substituted ``The President'' for ``Not later than 45 days
after December 2, 1997, the President''.
Subsec. (b). Pub. L. 106-554, Sec. 1(a)(9) [title VII, Sec. 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''.
Subsec. (d). Pub. L. 106-554, Sec. 1(a)(9) [title VII, Sec. 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, Sec. 1(a)(9) [title VII, Sec. 702(4)],
substituted ``The Administrator'' for ``Not later than 60 days after
October 22, 1994, the Administrator''.
1997--Subsec. (a). Pub. L. 105-135, Sec. 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.
Subsec. (b). Pub. L. 105-135, Sec. 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''.
Subsec. (b)(1), (2). Pub. L. 105-135, Sec. 304(2)(D), (E),
substituted ``4'' for ``2'' in introductory provisions.
Subsec. (b)(3). Pub. L. 105-135, Sec. 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, Sec. 304(3), inserted ``(including
both urban and rural areas)'' after ``geographic''.
Subsec. (d). Pub. L. 105-135, Sec. 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, Sec. 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.''
Effective Date of 1997 Amendment
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.
