15 U.S.C. § 9591 — Administrative powers
submitted 5 years ago by Pub. L. 117-58 to r/title-15-COMMERCE-AND-TRADE · 352 words · no verdicts yet
The Under Secretary has listed administrative powers, including using a seal, holding hearings, acquiring property, coordinating agencies, evaluating recipients, and cutting off or suspending aid for poor performance or wasteful or fraudulent spending.
(a) In general. To carry out this chapter, the Under Secretary* may— (1) adopt and use an Agency* seal that courts must recognize; (2) hold hearings, act, and take testimony as necessary or appropriate; (3) lawfully acquire necessary or appropriate property; (4) with another agency's consent, agree to use that agency's services, equipment, personnel, or facilities, with or without reimbursement; (5) coordinate with Federal agency* Offices of Small and Disadvantaged Business Utilization; (6) create procedures to evaluate recipients' compliance; (7) deobligate assistance for a recipient showing insufficient performance or wasteful or fraudulent spending; and (8) make such a recipient ineligible for a period the Under Secretary* sets, consistent with 2 C.F.R. § 180.865 or a successor rule, beginning when the Under Secretary makes the finding.
(b) Use of property. (1) Subject to (2), the Under Secretary may let a public-sector entity or recipient nonprofit use, without charge except care and handling costs, Agency real or tangible personal property acquired under this chapter to develop minority business enterprises. (2) The Under Secretary may impose reasonable terms, conditions, reservations, and restrictions.
In carrying out this chapter, the Under Secretary* may—
adopt and use a seal for the Agency*, which shall be judicially noticed;
hold hearings, sit and act, and take testimony as the Under Secretary* may determine to be necessary or appropriate to carry out this chapter;
acquire, in any lawful manner, any property that the Under Secretary determines to be necessary or appropriate to carry out this chapter;
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;
coordinate with the heads of the Offices of Small and Disadvantaged Business Utilization of Federal agencies;
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;
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
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.
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.
The Under Secretary may impose reasonable terms, conditions, reservations, and restrictions upon the use of any property under paragraph (1).
Source credit: (Pub. L. 117–58, div. K, title VII, § 100701, Nov. 15, 2021, 135 Stat. 1464.)
- 2021Enacted · Pub. L. 117-58 · 135 Stat. 1464
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-58 on 2021-11-15.
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