15 U.S.C. § 9502: Minority Business…

Summary

Creates the Minority Business Development Agency inside the Department of Commerce and sets how it must be run. The agency must be led by an Under Secretary of Commerce for Minority Business Development. The President picks that person and the Senate must agree. The Under Secretary runs the agency, reports to the Secretary of Commerce, and is paid at the annual rate for level III of the Executive Schedule (see section 5314 of title 5). Any existing legal reference to the Agency’s Director must be read as a reference to the Under Secretary. The Secretary had to send Congress, within 120 days after November 15, 2021, a report describing the agency’s structure, where it sits in the Department, and how it will work with other Department components. The law creates an Office of Business Centers inside the Agency, led by a Director chosen by the Under Secretary. The Under Secretary must set up regional offices for each U.S. region and other offices needed. Regional offices must help reach and serve minority businesses by learning the local business environment, working with MBDA Business Centers, federal and local partners and procurement offices, joining regional programs, and promoting business continuity and preparedness.

Title 15, §9502

Commerce and Trade, Source: USLM XML via OLRC

(a)In general

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

(b)Under Secretary

(1)Appointment and duties

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)Compensation

(A)In general

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)Omitted

(3)References

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)Report to Congress

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)Office of Business Centers

(1)Establishment

There is established within the Agency the Office of Business Centers.

(2)Director

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

(e)Offices of the Agency

(1)In general

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)Regional offices

(A)In general

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)Duties

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