Sec. 3. Minority Business Development Agency
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The Minority Business Development Agency in the Department of Commerce is hereby established. The Agency shall be headed by an Assistant Secretary of Commerce for Minority Business Development, who shall be— appointed by the President, by and with the advice and consent of the Senate; and except as otherwise expressly provided, responsible for the administration of this Act. The Assistant Secretary shall be compensated at an annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code.
Not later than 120 days after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes— the organizational structure of the Agency; the organizational position of the Agency in the Department of Commerce; and a description of how the Agency shall function in relation to the operations carried out by each other component of the Department of Commerce. In carrying out the duties and the responsibilities of the Agency, the Assistant 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 Assistant Secretary may determine to be necessary or appropriate; acquire, in any lawful manner, any property that the Assistant Secretary may determine to be necessary or appropriate; make advance payments under grants, contracts, and cooperative agreements awarded by the Agency; enter into agreements with other Federal agencies; coordinate with the heads of the Offices of Small and Disadvantaged Business Utilization of Federal agencies; require a coordinated review of all training and technical assistance activities that are proposed to be carried out by Federal agencies in direct support of the development of minority business enterprises to— assure consistency with the purposes of this Act; and avoid duplication of existing efforts; and prescribe such rules, regulations, and procedures as the Agency may determine to be necessary or appropriate.
The Assistant Secretary may employ experts and consultants or organizations that are composed of experts or consultants, as authorized under section 3109 of title 5, United States Code. The Assistant Secretary may annually renew a contract for employment of an individual employed under subparagraph (A). Subject to subparagraph (B), the Assistant Secretary may, without cost (except for costs of care and handling), donate for use by any public sector entity, or by any recipient nonprofit organization, for the purpose of the development of minority business enterprises, any real or tangible personal property acquired by the Agency.
The Assistant Secretary may impose reasonable terms, conditions, reservations, and restrictions upon the use of any property donated under subparagraph (A).