15 U.S.C. § 9502 — Minority Business Development Agency

Page 2601 TITLE 15—COMMERCE AND TRADE § 9502 1 So in original. See References in Text note below. prejudice or cultural bias (or the ability of whom to compete in the free enterprise sys- tem has been impaired due to diminished capital and credit opportunities, as com- pared to others in the same line of business and competitive market area) because of the identity of the individual as a member of a group, without regard to any individual quality of the individual that is unrelated to that identity. (B) Presumption In carrying out this chapter, the Under Secretary shall presume that the term ‘‘so- cially or economically disadvantaged indi- vidual’’ includes any individual who is— (i) Black or African American; (ii) Hispanic or Latino; (iii) American Indian or Alaska Native; (iv) Asian; (v) Native Hawaiian or other Pacific Is- lander; or (vi) a member of a group that the Agency determines under part 1400 of title 15, Code of Federal Regulations, as in effect on No- vember 23, 1984, is a socially disadvantaged group eligible to receive assistance. (16) Specialty center The term ‘‘specialty center’’ means an MBDA Business Center that provides specialty services focusing on specific business needs, including assistance relating to— (A) capital access; (B) Federal procurement; (C) entrepreneurship; (D) technology transfer; or (E) any other area determined necessary or appropriate based on the priorities of the Agency. (17) State The term ‘‘State’’ means— (A) each of the States of the United States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) the United States Virgin Islands; (E) Guam; (F) American Samoa; (G) the Commonwealth of the Northern Mariana Islands; and (H) each Tribal Government. (18) Tribal Government The term ‘‘Tribal Government’’ means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, vil- lage, community, component band, or compo- nent reservation, individually identified (in- cluding parenthetically) in the list published most recently as of November 15, 2021, pursu- ant to section 5131 of title 25. (19) Under Secretary The term ‘‘Under Secretary’’ means the Under Secretary of Commerce for Minority Business Development, who is appointed as de- scribed in section lll3(b) 1 to administer this chapter. (Pub. L. 117–58, div. K, § 100002, Nov. 15, 2021, 135 Stat. 1445.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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 below and Ta- bles. The Alaska Native Claims Settlement Act, referred to in par. (10)(B), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. Section lll3(b), referred to in par. (19), probably means subsec. (b) of section 100003 of Pub. L. 117–58, which is classified to section 9502 of this title. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 117–58, div. K, § 100001, Nov. 15, 2021, 135 Stat. 1445, provided that: ‘‘This division [enacting this chap- ter and amending section 5314 of Title 5, Government Organization and Employees] may be cited as the ‘Mi- nority Business Development Act of 2021’.’’ § 9502. Minority Business Development Agency (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, doc- ument, paper, or other record of the United States to the Director of the Agency shall be deemed to be a reference to the Under Sec- retary. (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 Agen- cy; (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 Depart- ment of Commerce. (d) Office of Business Centers (1) Establishment There is established within the Agency the Office of Business Centers. Page 2602 TITLE 15—COMMERCE AND TRADE § 9511 (2) Director The Office of Business Centers shall be ad- ministered by a Director, who shall be ap- pointed 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 estab- lish 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 sub- paragraph (A) shall expand the reach of the Agency and enable the Federal Government to better serve the needs of minority busi- ness 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 lo- cated 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 procure- ment offices that are located in that re- gion; (iii) being aware of business retention or expansion programs that are specific to that region; (iv) seeking out opportunities to collabo- rate with regional public and private pro- grams that focus on minority business en- terprises; and (v) promoting business continuity and preparedness. (Pub. L. 117–58, div. K, § 100003, Nov. 15, 2021, 135 Stat. 1448.) 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’’, mean- ing div. K of Pub. L. 117–58, Nov. 15, 2021, 135 Stat. 1445, which is classified prinicpally to this chapter. For com- plete 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 sec- tion 5314 of Title 5, Government Organization and Em- ployees. SUBCHAPTER I—EXISTING INITIATIVES PART A—MARKET DEVELOPMENT, RESEARCH, AND INFORMATION § 9511. Private sector development The Under Secretary shall, whenever the Under Secretary determines such action is nec- essary or appropriate— (1) provide Federal assistance to minority business enterprises operating in domestic and foreign markets by making available to those business enterprises, either directly or in co- operation with private sector entities, includ- ing community-based organizations and na- tional nonprofit organizations— (A) resources relating to management; (B) technological and technical assistance; (C) financial, legal, and marketing serv- ices; and (D) services relating to workforce develop- ment; (2) encourage minority business enterprises to establish joint ventures and projects— (A) with other minority business enter- prises; or (B) in cooperation with public sector enti- ties or private sector entities, including community-based organizations and na- tional nonprofit organizations, to increase the share of any market activity being per- formed by minority business enterprises; and (3) facilitate the efforts of private sector en- tities and Federal agencies to advance the growth of minority business enterprises. (Pub. L. 117–58, div. K, title I, § 100101, Nov. 15, 2021, 135 Stat. 1449.) § 9512. Public sector development The Under Secretary shall, whenever the Under Secretary determines such action is nec- essary or appropriate— (1) consult and cooperate with public sector entities for the purpose of leveraging re- sources available in the jurisdictions of those public sector entities to promote the position of minority business enterprises in the local economies of those public sector entities, in- cluding by assisting public sector entities to establish or enhance— (A) programs to procure goods and services through minority business enterprises and goals for that procurement; (B) programs offering assistance relating to— (i) management; (ii) technology; (iii) law; (iv) financing, including accounting; (v) marketing; and (vi) workforce development; and (C) informational programs designed to in- form minority business enterprises located in the jurisdictions of those public sector en- tities about the availability of programs de- scribed in this section; (2) meet with leaders and officials of public sector entities for the purpose of recom-