Charter of the National Advisory Council on Minority Business Enterprise

1. COMMITTEE'S OFFICIAL DESIGNATION.  National Advisory Council on Minority Business Enterprise.

2. AUTHORITY.  The National Advisory Council on Minority Business Enterprise (NACMBE) is being established as a discretionary advisory committee in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended (5 U.S.C. App.2), and with the concurrence of the General Services Administration.  This charter establishes the NACMBE in the Department of Commerce (the Department), within the Minority Business Development Agency (MBDA).

3. OBJECTIVES AND SCOPE OF ACTIVITIES.  NACMBE will advise the Secretary of Commerce (Secretary) on key issues pertaining to the growth and competitiveness of the Nation’s Minority Business Enterprises (MBE), as defined in Executive Order 11625 and 15 C.F.R. § 1400.1.  NACMBE will provide advice and recommendations on a broad range of policy issues that affect minority businesses and their ability to successfully access the domestic and global marketplace. These policy issues may include, but are not limited to:

• methods for increasing jobs in the health care, manufacturing, technology, and “green” industries;

• global and domestic barriers and impediments;

• global and domestic business opportunities;

• MBE capacity building;

• institutionalizing global business curriculums at colleges and universities and facilitating the entry of MBEs into such programs;

• identifying and leveraging pools of capital for MBEs;

• methods for creating high value loan pools geared toward MBEs with size, scale and capacity;

• strategies for collaboration amongst minority chambers, trade associations and nongovernmental organizations;

• accuracy, availability and frequency of economic data concerning minority businesses;

• methods for increasing global transactions with entities such as but not limited to the Export-Import Bank, OPIC and the IMF; and

• requirements for a uniform and reciprocal MBE certification program.

As directed by the Secretary, the advice and recommendations provided by NACMBE may take the form of one or more written reports.  NACMBE will also serve as a vehicle for an ongoing dialogue with the minority business enterprise community and with other stakeholders.

4. DESCRIPTION OF DUTIES.  The duties of NACMBE are solely advisory.

5. OFFICIAL TO WHOM THE COMMITTEE REPORTS.  NACMBE shall report to the Secretary through the MBDA National Director.

6. SUPPORT.  The Department shall provide such administrative services as NACMBE may require. Within the Department, this support will be provided by MBDA upon the approval of the MBDA National Director.  Any NACMBE expenses will be paid from MBDA funds available for such expenses.

7. ESTIMATED ANNUAL OPERATING COSTS AND STAFF YEARS.  The estimated annual operating cost of NACMBE is approximately $105,000, including 0.5 person years of staff support.  Members of NACMBE will serve without any compensation for their work on NACMBE matters.  Members of NACMBE shall be allowed reimbursement for reasonable NACMBE travel expenses, including a per diem in lieu of subsistence, as authorized by 5 U.S.C. 5703 (as amended) for persons serving intermittently in Federal government service.

8. DESIGNATED FEDERAL OFFICER.  The MBDA National Director will appoint a full-time or permanent part-time employee to serve as the Designated Federal Officer (DFO).  The DFO will approve or call all of the NACMBE committee and subcommittee meetings, prepare and approve all meeting agendas, attend all committee meetings, adjourn any meeting when the DFO determines adjournment to be in the public interest, and chair meetings when directed to do so by the Secretary.

9. ESTIMATED NUMBER AND FREQUENCY OF MEETINGS.  Meetings may occur as frequently as needed.  As required by FACA, NACMBE will hold open meetings unless the Department determines that a meeting or a portion of a meeting may be closed to the public in accordance with subsection (c) of section 552b of title 5, United States Code.  Interested persons may attend meetings, appear before NACMBE, or file comments with NACMBE, in accordance with the procedures established by the DFO.

10. MEMBERSHIP AND DESIGNATION.  NACMBE shall be composed of not more than 25 members.  They shall be distinguished individuals from the nonfederal sector appointed by the Secretary.  The members shall be recognized leaders in their respective fields of endeavor and shall possess the necessary knowledge and experience to provide advice and recommendations on a broad range of policy issues that impact the ability of MBEs to successfully participate in the domestic and global marketplace.  NACMBE shall have a balanced membership reflecting a diversity of industries, ethnic backgrounds and geographical regions.  All members shall be appointed as Special Government Employees for a two year term.  Members may be re-appointed to additional two-year terms, without limitation.  The Secretary may designate a member or members to serve as the Chairperson or Vice-Chairperson(s) of NACMBE.  The Chairperson or Vice-Chairperson(s) shall serve at the pleasure of the Secretary.

11. SUBCOMMITTEES.  The Department, or NACMBE with the Department’s approval, may form NACMBE subordinate groups, including but not limited to subcommittees, working groups and technical advisory groups, to assist NACMBE for any purpose consistent with this charter and provide preliminary information directly to NACMBE.  Such subordinate groups may not work independently of the chartered committee and must report their recommendations and advice to NACMBE for full deliberation and discussion.  Subordinate groups have no authority to make decisions on behalf of the chartered committee, nor are they authorized to report directly to the Department.

12. RECORDKEEPING.  The records of NACMBE and any subcommittees shall be handled in accordance with General Records Schedule 26, Item 2 and approved agency records disposition schedule.  These records shall be available for public inspection and copying, subject to the Freedom of Information Act, 5 U.S.C. § 552.

13. DURATION AND TERMINATION.  This charter shall terminate two years from the date of filing with the appropriate U.S. Senate and House of Representatives Oversight Committees, unless earlier terminated or renewed by proper authority.