§9502 — Title 15 Commerce and Trade | U.S. Code

Summary

Creates a Minority Business Development Agency inside the Department of Commerce and explains how it must be run. The Agency is led by an Under Secretary for Minority Business Development. The President picks that person, and the Senate must approve. The Under Secretary runs the Agency, reports directly to the Secretary of Commerce, and is paid at the annual rate set for Level III of the Executive Schedule (section 5314 of title 5). Any place that mentions the Agency’s Director in other laws or documents is treated as meaning the Under Secretary. The law requires a report to Congress within 120 days after November 15, 2021, showing the Agency’s organization, where it sits in the Department, and how it will work with other parts of the Department. The Agency must have an Office of Business Centers with a Director chosen by the Under Secretary. The Under Secretary must set up a regional office for each U.S. region they decide, and any other offices needed. Regional offices must reach out locally, work with MBDA Business Centers and federal partners and procurement offices, learn about local business programs, team up with regional public and private programs, and help businesses stay prepared.

Title 15, §9502

Commerce and Trade — Source: USLM XML via OLRC

(a)There is within the Department of Commerce the Minority Business Development Agency.

(b)(1)The Agency shall be headed by the Under Secretary of Commerce for Minority Business Development, who shall—

(A)be appointed by the President, by and with the advice and consent of the Senate;

(B)except as otherwise expressly provided, be responsible for the administration of this chapter; and

(C)report directly to the Secretary.

(2)(A)The Under Secretary shall be compensated at an annual rate of basic pay prescribed for level III of the Executive Schedule under section 5314 of title 5.

(B)

(3)Any reference in a law, map, regulation, document, paper, or other record of the United States to the Director of the Agency shall be deemed to be a reference to the Under Secretary.

(c)Not later than 120 days after November 15, 2021, the Secretary shall submit to Congress a report that describes—

(1)the organizational structure of the Agency;

(2)the organizational position of the Agency within the Department of Commerce; and

(3)a description of how the Agency shall function in relation to the operations carried out by each other component of the Department of Commerce.

(d)(1)There is established within the Agency the Office of Business Centers.

(2)The Office of Business Centers shall be administered by a Director, who shall be appointed by the Under Secretary.

(e)(1)In addition to the regional offices that the Under Secretary is required to establish under paragraph (2), the Under Secretary shall establish such other offices within the Agency as are necessary to carry out this chapter.

(2)(A)In order to carry out this chapter, the Under Secretary shall establish a regional office of the Agency for each of the regions of the United States, as determined by the Under Secretary.

(B)Each regional office established under subparagraph (A) shall expand the reach of the Agency and enable the Federal Government to better serve the needs of minority business enterprises in the region served by the office, including by—

(i)understanding and participating in the business environment of that region;

(ii)working with—

(I)MBDA Business Centers that are located in that region;

(II)resource and lending partners of other appropriate Federal agencies that are located in that region; and

(III)Federal, State, and local procurement offices that are located in that region;

(iii)being aware of business retention or expansion programs that are specific to that region;

(iv)seeking out opportunities to collaborate with regional public and private programs that focus on minority business enterprises; and

(v)promoting business continuity and preparedness.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (b)(1)(B) and (e)(1), (2)(A), was in the original “this division”, meaning div. K of Pub. L. 117–58, Nov. 15, 2021, 135 Stat. 1445, which is classified prinicpally to this chapter. For complete classification of division K to the Code, see

Short Title

note set out under section 9501 of this title and Tables. Codification Section is comprised of section 100003 of Pub. L. 117–58. Subsec. (b)(2)(B) of section 100003 amended section 5314 of Title 5, Government Organization and Employees.

§9502 Minority Business Development Agency