15 U.S.C. § 9591: Administrative powers

Summary

The Under Secretary can run the agency and use powers needed to carry out this chapter. They can create an official agency seal, hold hearings and take testimony, buy property, and make agreements with other federal agencies to use their services, equipment, staff, or facilities with or without payment. They can work with small and disadvantaged business offices in other agencies, make rules to check if aid recipients follow the rules, take back funds from those who perform poorly or waste or commit fraud, and bar those recipients from getting help for a period the Under Secretary decides, following the rules in section 180.865 of title 2, Code of Federal Regulations (or any successor regulation), starting on the date the Under Secretary makes the finding. The Under Secretary can also let public entities or nonprofit recipients use real or tangible personal property the agency bought to help develop minority business enterprises at no cost, except for care and handling costs. The Under Secretary can set reasonable rules and limits on that use.

Title 15, §9591

Commerce and Trade, Source: USLM XML via OLRC

(a)In general

In carrying out this chapter, the Under Secretary may—

(1)adopt and use a seal for the Agency, which shall be judicially noticed;

(2)hold hearings, sit and act, and take testimony as the Under Secretary may determine to be necessary or appropriate to carry out this chapter;

(3)acquire, in any lawful manner, any property that the Under Secretary determines to be necessary or appropriate to carry out this chapter;

(4)with the consent of another Federal agency, enter into an agreement with that Federal agency to utilize, with or without reimbursement, any service, equipment, personnel, or facility of that Federal agency;

(5)coordinate with the heads of the Offices of Small and Disadvantaged Business Utilization of Federal agencies;

(6)develop procedures under which the Under Secretary may evaluate the compliance of a recipient of assistance under this chapter with the requirements of this chapter;

(7)deobligate assistance provided under this chapter to a recipient that has demonstrated an insufficient level of performance with respect to the assistance, or has engaged in wasteful or fraudulent spending; and

(8)provide that a recipient of assistance under this chapter that has demonstrated an insufficient level of performance with respect to the assistance, or has engaged in wasteful or fraudulent spending, shall be ineligible to receive assistance under this chapter for a period determined by the Under Secretary, consistent with the considerations under section 180.865 of title 2, Code of Federal Regulations (or any successor regulation), beginning on the date on which the Under Secretary makes the applicable finding.

(b)Use of property

(1)In general

Subject to paragraph (2), in carrying out this chapter, the Under Secretary may, without cost (except for costs of care and handling), allow any public sector entity, or any recipient nonprofit organization, for the purpose of the development of minority business enterprises, to use any real or tangible personal property acquired by the Agency in carrying out this chapter.

(2)Terms, conditions, reservations, and restrictions

The Under Secretary may impose reasonable terms, conditions, reservations, and restrictions upon the use of any property under paragraph (1).

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (b)(1), was in the original “this division” or “this Act”, meaning div. K of Pub. L. 117–58, Nov. 15, 2021, 135 Stat. 1445, known as the Minority Business Development Act of 2021, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 9501 of this title and Tables.

§9591 Administrative Powers