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15 U.S.C. § 9582 — Participation of Federal departments and
Federal law — U.S. Code and appendices · legal_authorities
Page 2611
TITLE 15—COMMERCE AND TRADE
§ 9591
Section 14 of the Federal Advisory Committee Act,
referred to in subsec. (c), is section 14 of Pub. L. 92–463,
which was set out in the Appendix to Title 5, Govern-
ment Organization and Employees, and was repealed
and restated as section 1013 of Title 5 by Pub. L. 117–286,
§§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4204, 4361.
SUBCHAPTER VI—FEDERAL COORDINATION
OF MINORITY BUSINESS PROGRAMS
§ 9581. General duties
The Under Secretary may coordinate, as con-
sistent with law, the plans, programs, and oper-
ations of the Federal Government that affect, or
may contribute to, the establishment, preserva-
tion, and strengthening of socially or economi-
cally disadvantaged business concerns.
(Pub. L. 117–58, div. K, title VI, § 100601, Nov. 15,
2021, 135 Stat. 1464.)
§ 9582. Participation of Federal departments and
agencies
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 moni-
toring 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 objec-
tives of this chapter;
(2) conduct a coordinated review of all pro-
posed Federal training and technical assist-
ance activities in direct support of the pro-
grams 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 c
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Page 2611
TITLE 15—COMMERCE AND TRADE
§ 9591
Section 14 of the Federal Advisory Committee Act,
referred to in subsec. (c), is section 14 of Pub. L. 92–463,
which was set out in the Appendix to Title 5, Govern-
ment Organization and Employees, and was repealed
and restated as section 1013 of Title 5 by Pub. L. 117–286,
§§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4204, 4361.
SUBCHAPTER VI—FEDERAL COORDINATION
OF MINORITY BUSINESS PROGRAMS
§ 9581. General duties
The Under Secretary may coordinate, as con-
sistent with law, the plans, programs, and oper-
ations of the Federal Government that affect, or
may contribute to, the establishment, preserva-
tion, and strengthening of socially or economi-
cally disadvantaged business concerns.
(Pub. L. 117–58, div. K, title VI, § 100601, Nov. 15,
2021, 135 Stat. 1464.)
§ 9582. Participation of Federal departments and
agencies
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 moni-
toring 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 objec-
tives of this chapter;
(2) conduct a coordinated review of all pro-
posed Federal training and technical assist-
ance activities in direct support of the pro-
grams 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 pro-
grams and activities of which may affect or
contribute to the carrying out of this chapter.
(Pub. L. 117–58, div. K, title VI, § 100602, Nov. 15,
2021, 135 Stat. 1464.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in pars. (1)(B), (C), and (3),
was in the original ‘‘this division’’, meaning div. K of
Pub. L. 117–58, Nov. 15, 2021, 135 Stat. 1445, which is clas-
sified principally to this chapter. For complete classi-
fication of division K to the Code, see Short Title note
set out under section 9501 of this title and Tables.
SUBCHAPTER VII—ADMINISTRATIVE POW-
ERS OF THE AGENCY; MISCELLANEOUS
PROVISIONS
§ 9591. Administrative powers
(a) In general
In carrying out this chapter, the Under Sec-
retary may—
(1) adopt and use a seal for the Agency,
which shall be judicially noticed;
(2) hold hearings, sit and act, and take testi-
mony as the Under Secretary may determine
to be necessary or appropriate to carry out
this chapter;
(3) acquire, in any lawful manner, any prop-
erty that the Under Secretary determines to
be necessary or appropriate to carry out this
chapter;
(4) with the consent of another Federal agen-
cy, enter into an agreement with that Federal
agency to utilize, with or without reimburse-
ment, any service, equipment, personnel, or
facility of that Federal agency;
(5) coordinate with the heads of the Offices
of Small and Disadvantaged Business Utiliza-
tion 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 re-
spect 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 pe-
riod determined by the Under Secretary, con-
sistent 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 recipi-
ent nonprofit organization, for the purpose of
the development of minority business enter-
prises, to use any real or tangible personal
property acquired by the Agency in carrying
out this chapter.
(2) Terms, conditions, reservations, and restric-
tions
The Under Secretary may impose reasonable
terms, conditions, reservations, and restric-
tions upon the use of any property under para-
graph (1).
(Pub. L. 117–58, div. K, title VII, § 100701, Nov. 15,
2021, 135 Stat. 1464.)
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.
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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.
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