15 U.S.C. § 7101 — Establishment of the Interagency Com-

Page 2311 TITLE 15—COMMERCE AND TRADE § 7101 and providers of electronic signature products and services and other interested persons. (c) Definitions As used in this section, the terms ‘‘electronic record’’ and ‘‘electronic signature’’ have the same meanings provided in section 7006 of this title. (Pub. L. 106–229, title III, § 301, June 30, 2000, 114 Stat. 475.) CHAPTER 97—WOMEN’S BUSINESS ENTERPRISE DEVELOPMENT Sec. 7101. Establishment of the Interagency Committee. 7102. Duties of the Interagency Committee. 7103. Membership of the Interagency Committee. 7104. Reports from the Interagency Committee. 7105. Establishment of the National Women’s Busi- ness Council. 7106. Duties of the Council. 7107. Membership of the Council. 7108. Definitions. 7109. Studies and other research. 7110. Authorization of appropriations. Editorial Notes CODIFICATION This chapter is comprised of title IV of Pub. L. 100–533, as added by Pub. L. 103–403, title IV, § 413, Oct. 22, 1994, 108 Stat. 4193, and amended. Title IV of Pub. L. 100–533 was formerly set out as a note under section 631 of this title. § 7101. Establishment of the Interagency Com- mittee There is established an interagency committee to be known as the Interagency Committee on Women’s Business Enterprise. (Pub. L. 100–533, title IV, § 401, as added Pub. L. 103–403, title IV, § 413, Oct. 22, 1994, 108 Stat. 4193.) Editorial Notes 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 gen- eral amendment of title IV of Pub. L. 100–533 by Pub. L. 103–403. See section 7105 of this title. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–554, § 1(a)(9) [title VII, § 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 Reauthor- ization Act of 2000’.’’ Executive Documents EX. ORD. NO. 12138. NATIONAL WOMEN’S BUSINESS ENTER- PRISE 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 em- ployment and balanced growth in our economy; 2. the many obstacles facing women entrepreneurs; and 3. the need to aid and stimulate women’s business en- terprise; 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 imple- menting a national program for women’s business en- terprise, 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, pre- serve and strengthen women’s business enterprise and to ensure full participation by women in the free enter- prise system. (b) Each department and agency shall take affirma- tive action in support of women’s business enterprise in appropriate programs and activities including but not limited to: (1) management, technical, financial and procure- ment 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 agree- ment, loan or contract other than a contract of insur- ance or guaranty. These regulations shall prescribe sanctions for noncompliance. Unless otherwise speci- fied 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 compli- ance cannot be secured by voluntary means. 1–102. For purposes of this Order, affirmative action may include, but is not limited to, creating or sup- porting 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 dissemi- nating information in support of women’s business en- terprise, and insuring to women’s business enterprise knowledge of and ready access to business-related serv- ices 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 Sec- tion 1–1, the departments and agencies shall consult the Department of Justice, and the Department of Jus- tice shall provide legal guidance concerning these re- sponsibilities. 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 estab- lish 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 Presi- Page 2312 TITLE 15—COMMERCE AND TRADE § 7101 dent. 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 proce- dure. The Chairperson may also represent his or her de- partment, agency or office on the Committee. 1–203. The Committee shall be composed of the Chair- person and other members appointed by the heads of departments and agencies from among high level pol- icy-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; Com- merce; Defense; Energy; Health and Human Services; Housing and Urban Development; Interior; Justice; Labor; Transportation; Treasury; the Federal Trade Commission; General Services Administration; Na- tional Science Foundation; Office of Federal Procure- ment 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 Ad- ministration shall provide an Executive Director and adequate staff and administrative support for the Com- mittee. The staff shall be located in the Office of the Chief Counsel for Advocacy of the Small Business Ad- ministration, or in such other office as may be estab- lished 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 agen- cies 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, interpre- tation and application of this order, and generally per- form such functions and take such steps as the Com- mittee may deem to be necessary or appropriate to achieve the purposes and carry out the provisions here- of. 1–303. Promote the mobilization of activities and re- sources of State and local governments, business and trade associations, private industry, colleges and uni- versities, foundations, professional organizations, and volunteer and other groups toward the growth of wom- en’s business enterprise, and facilitate the coordination of the efforts of these groups with those of the depart- ments 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 busi- ness enterprise. 1–306. Consider the findings and recommendations of government and private sector investigations and stud- ies of the problems of women entrepreneurs, and pro- mote further research into such problems. 1–307. Design a comprehensive and innovative plan for a joint Federal and private sector effort to develop in- creased 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 to- wards these targets at the end of two and five years. Related outcomes such as income and tax revenues gen- erated, jobs created, new products and services intro- duced 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 depart- ment or agency in carrying out this Executive order. This person may be the same person who is the depart- ment or agency’s representative to the Committee. 1–402. To the extent permitted by law, each depart- ment and agency upon request by the Chairperson shall furnish information, assistance and reports and other- wise cooperate with the Chairperson and the Com- mittee in the performance of their functions hereunder. Each department or agency shall ensure that system- atic 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 pro- grams of the women’s business enterprise program, and shall keep the Chairperson informed of proposed budg- et, 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 fos- ter and promote women’s business enterprise and to support the program herein set forth, and shall cooper- ate with the Chairperson and the Committee in increas- ing 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 Com- mittee’s recommendations for legislation or other ac- tion to promote the purposes of this Order. 1–502. Each Federal department and agency shall re- port to the Chairperson as hereinabove provided on a timely basis so that the Chairperson and the Com- mittee can consider such reports for the Committee re- port to the President. 1–6. DEFINITIONS For the purposes of this Order, the following defini- tions 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 con- text means exercising the power to make policy deci- sions. ‘‘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 wom- en’s business enterprise by departments and agencies of the Executive Branch where other definitions are deemed reasonable and useful for any purpose not in- consistent with the purposes of this Order. Wherever feasible, departments and agencies should use the defi- Page 2313 TITLE 15—COMMERCE AND TRADE § 7103 nition of a woman-owned business in subsection 1–601 above for monitoring performance with respect to women’s business enterprise in order to assure com- parability 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. § 7102. Duties of the Interagency Committee (a) In general The Interagency Committee shall— (1) monitor, coordinate, and promote the plans, programs, and operations of the depart- ments and agencies of the Federal Govern- ment that may contribute to the establish- ment and growth of women’s business enter- prise; (2) develop and promote new public sector initiatives, policies, programs, and plans de- signed 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 busi- nesses to obtain capital and credit; (4) promote and assist, as appropriate, in the development of surveys of women-owned busi- ness; 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 October 22, 1994, be submitted to the President for review. (b) Meetings The Interagency Committee shall meet not less than biannually at such times as the Inter- agency 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 rec- ommendations or reports issued pursuant to this section. (c) Interaction with Council In performing its duties under subsection (a), the Interagency Committee shall consult with the Council. The Interagency Committee may meet jointly with the Council at the discretion of the chairperson of the Interagency Com- mittee 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. (Pub. L. 100–533, title IV, § 402, as added Pub. L. 103–403, title IV, § 413, Oct. 22, 1994, 108 Stat. 4193.) Editorial Notes PRIOR PROVISIONS A prior section 402 of Pub. L. 100–533, title IV, Oct. 25, 1988, 102 Stat. 2694, related to duties of the National Women’s Business Council, prior to the general amend- ment of title IV of Pub. L. 100–533 by Pub. L. 103–403. See section 7106 of this title. § 7103. Membership of the Interagency Com- mittee (a) In general (1) Participants The Interagency Committee shall be com- posed of 1 representative from each of the fol- lowing: (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 list- ed in paragraph (1) shall, not later than 45 days after December 2, 1997, designate a rep- resentative who shall be a policymaking of- ficial within the department or agency, and who shall report directly to the head of the agency on the status of the activities of the Interagency Committee. (B) Small Business Administration With respect to the Small Business Admin- istration, the representative shall be the As- sistant Administrator of the Office of Wom- en’s Business Ownership, who also shall serve as the vice chairperson of the Inter- agency Committee and shall report directly to the Administrator on the status of the ac- tivities on the Interagency Committee and shall serve as the Interagency Committee Liaison to the National Women’s Business Council established under section 7105 of this title. (3) Other participation Other representatives of the Federal Govern- ment not listed in paragraph (1) may partici- pate 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 December 2, 1997, the President, in consultation with the Adminis- trator of the Small Business Administration, shall appoint 1 of the members of the Inter- agency 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 Inter- agency Committee, the head of any Federal de- partment or agency may detail any of the per-