§7107 — Title 15 Commerce and Trade | U.S. Code

Summary

The President must pick a chairperson for the Council after talking with the Administrator. The chair must be a prominent businesswoman who is qualified by her education, training, and experience. The Administrator, after getting recommendations from the Chair and Ranking Member of the House and Senate Small Business Committees and consulting the Council chair, must appoint 14 members: four small business owners who are in the President’s party, four small business owners who are not in the President’s party, and six representatives of women’s business organizations (including women’s business center sites). The Administrator should try to make the group diverse by geography (urban and rural), race, economy, and business type. Members serve 3-year terms. If a member becomes a federal or congressional employee, she may stay on the Council for up to 30 days after that. Vacancies must be filled within 30 days the same way as the original appointment, and the replacement serves the rest of the term. Members are unpaid but get travel and necessary expenses paid like other advisory board members under section 637(b). The Administrator, with the chair, must appoint an executive director. On the director’s recommendation, the chair may hire up to 4 more staff and set pay up to the GS‑15 maximum; hires need appropriated funds. The executive director and staff may be hired outside the normal competitive service rules and paid outside usual GS rules, but the executive director’s pay cannot exceed the ES‑3 annual rate.

Title 15, §7107

Commerce and Trade — Source: USLM XML via OLRC

(a)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)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 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)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)Each member of the Council shall be appointed for a term of 3 years.

(e)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)(1)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)An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced.

(g)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)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)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), 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 11 So in original. Probably should be section “5382”. of title 5.

Notes & Related Subsidiaries

Editorial Notes

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.

Prior Provisions

A prior section 407 of Pub. L. 100–533, title IV, Oct. 25, 1988, 102 Stat. 2696; Pub. L. 103–81, § 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, § 1(a)(9) [title VII, § 702(1)], substituted “The President” for “Not later than 45 days after

December 2, 1997, the President”. Subsec. (b). Pub. L. 106–554, § 1(a)(9) [title VII, § 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, § 1(a)(9) [title VII, § 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, § 1(a)(9) [title VII, § 702(4)], substituted “The Administrator” for “Not later than 60 days after

October 22, 1994, the Administrator”. 1997—Subsec. (a). Pub. L. 105–135, § 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, § 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, § 304(2)(D), (E), substituted “4” for “2” in introductory provisions. Subsec. (b)(3). Pub. L. 105–135, § 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, § 304(3), inserted “(including both urban and rural areas)” after “geographic”. Subsec. (d). Pub. L. 105–135, § 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, § 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.”

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Small Business of Senate changed to Committee on Small Business and Entrepreneurship of Senate. See Senate Resolution No. 123, One Hundred Seventh Congress, June 29, 2001.

Effective Date

of 1997 AmendmentAmendment 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.

§7107 Membership of the Council