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15 U.S.C. § 9501 — Executive Order 11625
Federal law — U.S. Code and appendices · legal_authorities
The powers and duties of the Agency shall be determined—
(1) in accordance with this chapter and the requirements of this chapter; and
(2) without regard to Executive Order 11625 (36 Fed. Reg. 19967; relating to prescribing additional arrangements for developing and coordinating a national program for minority business enterprise).
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 9501
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Stable record: federal_law:legal_authorities:record_usc_a0b262c109b56b07f8b81a62
Source file: Laws/federal/codes/united-states-code/title-15/section-9501-executive-order-11625--830aeb4b75.md
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Passage SHA-256: 70648a126d4d25de43371a1d4dd27c96a06884146d7eab9ba90eeb6a43d2cca7
Source location: Title 15, Chapter 120, § 9501; chapter-120-minority-business-development.md
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The powers and duties of the Agency shall be determined—
(1) in accordance with this chapter and the requirements of this chapter; and
(2) without regard to Executive Order 11625 (36 Fed. Reg. 19967; relating to prescribing additional arrangements for developing and coordinating a national program for minority business enterprise).
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Aid, counsel, assistance, etc., to small business concerns** The essence of the American economic system of private enterprise is free competition. Only through full and free competition can free markets, free entry into business, and opportunities for the expression and growth of personal initiative and individual judgment be assured. The preservation and expansion of such competition is basic not only to the economic well-being but to the security of this Nation. Such security and well-being cannot be realized unless the actual and potential capacity of small business is encouraged and developed. It is the declared policy of the Congress that the Government should aid, counsel, assist, and protect, insofar as is possible, the interests of small-business concerns in order to preserve free competitive enterprise, to insure that a fair proportion of the total purchases and contracts or subcontracts for property and services for the Government (including but not limited to contracts or subcontracts for maintenance, repair, and construction) be placed with small-business enterprises, to insure that a fair proportion of the total sales of Government property be made to such enterprises, and to maintain and strengthen the overall economy of the Nation.
**(b) Assistance to compete in international markets**
(1) It is the declared policy of the Congress that the Federal Government, through the Administrator of the Small Business Administration, acting through the Associate Administrator for International Trade, and in cooperation with the Department of Commerce and other relevant State and Federal agencies, should aid and assist small businesses, as defined under this chapter, to increase their ability to compete in international markets by—
(A) enhancing their abil
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 631
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Federal law — U.S. Code and appendices · legal_authorities
There are authorized to be appropriated to the Under Secretary $110,000,000 for each of fiscal years 2021 through 2025 to carry out this chapter, of which—
(1) a majority shall be used in each such fiscal year to carry out the MBDA Business Center Program under part B of subchapter I, including the component of that program relating to specialty centers; and
(2) $20,000,000 shall be used in each such fiscal year to carry out subchapter III.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 9502
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5314&num=0&edition=prelim).
(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 region
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 9512
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In order to achieve the purposes of this chapter, the Under Secretary—
(1) shall—
(A) collect and analyze data, including data relating to the causes of the success or failure of minority business enterprises;
(B) conduct research, studies, and surveys of—
(i) economic conditions generally in the United States; and
(ii) how the conditions described in clause (i) particularly affect the development of minority business enterprises; and
(C) provide outreach, educational services, and technical assistance in, at a minimum, the 5 most commonly spoken languages in the United States to ensure that limited English proficient individuals receive culturally and linguistically appropriate access to the services and information provided by the Agency; and
(2) may perform an evaluation of programs carried out by the Under Secretary that are designed to assist the development of minority business enterprises.
**(b) Information clearinghouse** The Under Secretary shall—
(1) establish and maintain an information clearinghouse for the collection and dissemination to relevant parties (including business owners and researchers) of demographic, economic, financial, managerial, and technical data relating to minority business enterprises; and
(2) take such steps as the Under Secretary may determine to be necessary and desirable to—
(A) search for, collect, classify, coordinate, integrate, record, and catalog the data described in paragraph (1); and
(B) in a manner that is consistent with [section 552a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim), protect the privacy of the minority business enterprises to which the data described in paragraph (1) relates.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 9522
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Council shall provide advice to the Under Secretary by—
(1) serving as a source of knowledge and information on developments in areas of the economic and social life of the United States that affect socially or economically disadvantaged business concerns;
(2) providing the Under Secretary with information regarding plans, programs, and activities in the public and private sectors that relate to socially or economically disadvantaged business concerns; and
(3) advising the Under Secretary regarding—
(A) any measures to better achieve the objectives of this chapter; and
(B) problems and matters the Under Secretary refers to the Council.
**(b) Capacity** Members of the Council shall not be compensated for service on the Council but may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5.
**(c) Termination** Notwithstanding section 14 of the Federal Advisory Committee Act (5 U.S.C. App.),11 See References in Text note below. the Council shall terminate on the date that is 5 years after November 15, 2021.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 9582
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Federal law — U.S. Code and appendices · legal_authorities
The Under Secretary shall—
(1) consult with other Federal agencies and departments as appropriate to—
(A) develop policies, comprehensive plans, and specific program goals for the programs carried out under part B of subchapter I and subchapter III;
(B) establish regular performance monitoring and reporting systems to ensure that goals established by the Under Secretary with respect to the implementation of this chapter are being achieved; and
(C) evaluate the impact of Federal support of socially or economically disadvantaged business concerns in achieving the objectives of this chapter;
(2) conduct a coordinated review of all proposed Federal training and technical assistance activities in direct support of the programs carried out under part B of subchapter I and subchapter III to ensure consistency with program goals and to avoid duplication; and
(3) convene, for purposes of coordination, meetings of the heads of such Federal agencies and departments, or their designees, the programs and activities of which may affect or contribute to the carrying out of this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 9592
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 9593
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Each recipient of assistance under this chapter shall keep such records as the Under Secretary shall prescribe, including records that fully disclose, with respect to the assistance received by the recipient under this chapter—
(1) the amount and nature of that assistance;
(2) the disposition by the recipient of the proceeds of that assistance;
(3) the total cost of the undertaking for which the assistance is given or used;
(4) the amount and nature of the portion of the cost of the undertaking described in paragraph (3) that is supplied by a source other than the Agency;
(5) the return on investment, as defined by the Under Secretary; and
(6) any other record that will facilitate an effective audit with respect to the assistance.
**(b) Access by government officials** The Under Secretary, the Inspector General of the Department of Commerce, and the Comptroller General of the United States, or any duly authorized representative of any such individual, shall have access, for the purpose of audit, investigation, and examination, to any book, document, paper, record, or other material of the Agency or an MBDA Business Center.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 9595
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Federal law — U.S. Code and appendices · legal_authorities
Not later than 4 years after November 5, 2021, the Comptroller General of the United States shall—
(1) conduct a thorough review of the programs carried out under this chapter; and
(2) submit to Congress a detailed report of the findings of the Comptroller General of the United States under the review carried out under paragraph (1), which shall include—
(A) an evaluation of the effectiveness of the programs in achieving the purposes of this chapter;
(B) a description of any failure by any recipient of assistance under this chapter to comply with the requirements under this chapter; and
(C) recommendations for any legislative or administrative action that should be taken to improve the achievement of the purposes of this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 9596
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Biannual report** Not later than 1 year after November 15, 2021, and 90 days after the last day of each odd-numbered year thereafter, the Under Secretary shall submit to Congress, and publish on the website of the Agency, a report of each activity of the Agency carried out under this chapter during the period covered by the report.
**(b) Recommendations** The Under Secretary shall periodically submit to Congress and the President recommendations for legislation or other actions that the Under Secretary determines to be necessary or appropriate to promote the purposes of this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 9597
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