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

Summary

Creates the Minority Business Development Agency inside the Department of Commerce. The Agency is led by an Under Secretary for Minority Business Development who must be chosen by the President and confirmed by the Senate, report to the Secretary of Commerce, and run the Agency. The Under Secretary must be paid at the annual rate for Level III of the Executive Schedule under section 5314 of title 5. Any old references to the Agency’s Director now mean the Under Secretary. The Secretary had to send Congress a report by 120 days after November 15, 2021, explaining the Agency’s structure, 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 run by a Director chosen by the Under Secretary. The Under Secretary must set up regional offices for each region the Under Secretary decides, plus any other offices needed. Regional offices must help minority businesses by working with MBDA Business Centers, local and federal partners, procurement offices, regional programs, and by promoting business readiness and continuity.

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