Collapse to view only § 9591. Administrative powers
- § 9591. Administrative powers
- § 9592. Federal assistance
- § 9593. Recordkeeping
- § 9594. Review and report by Comptroller General
- § 9595. Biannual reports; recommendations
- § 9596. Separability
- § 9597. Executive Order 11625
- § 9598. Authorization of appropriations
§ 9591. Administrative powers
(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
(2) Terms, conditions, reservations, and restrictions
(Pub. L. 117–58, div. K, title VII, § 100701, Nov. 15, 2021, 135 Stat. 1464.)
§ 9592. Federal assistance
(a) In general
(1) Provision of Federal assistance
(2) Notice
Not later than 120 days after the date on which amounts are appropriated to carry out this section, the Under Secretary shall, in accordance with subsection (b), broadly publish a statement regarding Federal assistance that will, or may, be provided under paragraph (1) during the fiscal year for which those amounts are appropriated, including—
(A) the actual, or anticipated, amount of Federal assistance that will, or may, be made available;
(B) the types of Federal assistance that will, or may, be made available;
(C) the manner in which Federal assistance will be allocated among public sector entities and private sector entities, as applicable; and
(D) the methodology used by the Under Secretary to make allocations under subparagraph (C).
(3) Consultation
(b) Publicity
(Pub. L. 117–58, div. K, title VII, § 100702, Nov. 15, 2021, 135 Stat. 1465.)
§ 9593. Recordkeeping
(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
(Pub. L. 117–58, div. K, title VII, § 100703, Nov. 15, 2021, 135 Stat. 1466.)
§ 9594. Review and report by Comptroller GeneralNot 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.
(Pub. L. 117–58, div. K, title VII, § 100704, Nov. 15, 2021, 135 Stat. 1466.)
§ 9595. Biannual reports; recommendations
(a) Biannual report
(b) Recommendations
(Pub. L. 117–58, div. K, title VII, § 100705, Nov. 15, 2021, 135 Stat. 1466.)
§ 9596. SeparabilityIf a provision of this chapter, or the application of a provision of this chapter to any person or circumstance, is held by a court of competent jurisdiction to be invalid, that judgment—
(1) shall not affect, impair, or invalidate—
(A) any other provision of this chapter; or
(B) the application of this chapter to any other person or circumstance; and
(2) shall be confined in its operation to—
(A) the provision of this chapter with respect to which the judgment is rendered; or
(B) the application of the provision of this chapter to each person or circumstance directly involved in the controversy in which the judgment is rendered.
(Pub. L. 117–58, div. K, title VII, § 100706, Nov. 15, 2021, 135 Stat. 1467.)
§ 9597. Executive Order 11625
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).
(Pub. L. 117–58, div. K, title VII, § 100707, Nov. 15, 2021, 135 Stat. 1467.)
§ 9598. Authorization of appropriations
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.
(Pub. L. 117–58, div. K, title VII, § 100708, Nov. 15, 2021, 135 Stat. 1467.)