[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 4026 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 4026

   To establish in the Department of Commerce the Minority Business 
   Development Program to provide qualified minority businesses with 
   technical assistance and contracting opportunities, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 14, 2010

   Mr. Casey introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To establish in the Department of Commerce the Minority Business 
   Development Program to provide qualified minority businesses with 
   technical assistance and contracting opportunities, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Minority Business Development 
Improvements Act of 2010''.

SEC. 2. MINORITY BUSINESS DEVELOPMENT PROGRAM.

    The Director of the Minority Business Development Agency shall 
establish the Minority Business Development Program (in this Act 
referred to as the ``Program'') to assist qualified minority 
businesses. The Program shall provide to such businesses the following:
            (1) Technical assistance.
            (2) Contract procurement assistance.

SEC. 3. QUALIFIED MINORITY BUSINESS.

    (a) Certification.--For purposes of the Program, the Director may 
certify as a qualified minority business any entity that satisfies each 
of the following:
            (1) Not less than 51 percent of the entity is directly and 
        unconditionally owned or controlled by historically 
        disadvantaged individuals.
            (2) Each officer or other individual who exercises control 
        over the regular operations of the entity is a historically 
        disadvantaged individual.
            (3) The net worth of each principal of the entity is not 
        greater than $2,000,000. (The equity of a disadvantaged owner 
        in a primary personal residence shall be considered in this 
        calculation.)
            (4) The principal place of business of the entity is in the 
        United States.
            (5) Each principal of the entity maintains good character 
        in the determination of the Director.
            (6) The entity engages in competitive and bona fide 
        commercial business operations in not less than one sector of 
        industry that has a North American Industry Classification 
        System code.
            (7) The entity submits reports to the Director at such 
        time, in such form, and containing such information as the 
        Director may require.
            (8) Any additional requirements that the Director 
        determines appropriate.
    (b) Term of Certification.--A certification under this section 
shall be for a term of 5 years and may not be renewed.

SEC. 4. TECHNICAL ASSISTANCE.

    (a) In General.--In carrying out the Program, the Director may 
provide to qualified minority businesses technical assistance with 
regard to the following:
            (1) Writing business plans.
            (2) Marketing.
            (3) Management.
            (4) Securing sufficient financing for business operations.
    (b) Contract Authority.--The Director may enter into agreements 
with persons to provide technical assistance under this section.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $200,000,000 to the Director to carry out this section. 
Such sums shall remain available until expended.

SEC. 5. SET-ASIDE CONTRACTING OPPORTUNITIES.

    (a) In General.--The Director may enter into agreements with the 
United States Government and any department, agency, or officer thereof 
having procurement powers for purposes of providing for the fulfillment 
of procurement contracts and providing opportunities for qualified 
minority businesses with regard to such contracts.
    (b) Qualifications on Participation.--The Director shall by rule 
establish requirements for participation under this section by a 
qualified minority business in a contract.
    (c) Annual Limit on Number of Contracts Per Qualified Minority 
Business.--A qualified minority business may not participate under this 
section in contracts in an amount that exceeds $10,000,000 for goods 
and services each fiscal year.
    (d) Limits on Contract Amounts.--
            (1) Goods and services.--Except as provided in paragraph 
        (2), a contract for goods and services under this section may 
        not exceed $6,000,000.
            (2) Manufacturing and construction.--A contract for 
        manufacturing and construction services under this section may 
        not exceed $10,000,000.

SEC. 6. TERMINATION FROM THE PROGRAM.

    The Director may terminate a qualified minority business from the 
Program for any violation of a requirement of sections 3 through 5 of 
this Act by that qualified minority business, including the following:
            (1) Conduct by a principal of the qualified minority 
        business that indicates a lack of business integrity.
            (2) Willful failure to comply with applicable labor 
        standards and obligations.
            (3) Consistent failure to tender adequate performance with 
        regard to contracts under the Program.
            (4) Failure to obtain and maintain relevant certifications.
            (5) Failure to pay outstanding obligations owed to the 
        Federal Government.

SEC. 7. REPORTS.

    (a) Report of the Director.--Not later than October 1, 2011, and 
annually thereafter, the Director shall submit to the Committee on 
Energy and Commerce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate a report 
describing the activities of the Director during the preceding year 
with respect to the Program.
    (b) Report of the Secretary of Commerce.--Not later than October 1, 
2011, and annually thereafter, the Secretary of Commerce shall submit 
to the Committee on Energy and Commerce of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate a report describing the activities the Secretary engaged in 
during the preceding year to build wealth among historically 
disadvantaged individuals.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Historically disadvantaged individual.--The term 
        ``historically disadvantaged individual'' means any individual 
        who is a member of a group that is designated as eligible to 
        receive assistance under section 1400.1 of title 15, Code of 
        Federal Regulations, as in effect on January 1, 2009.
            (2) Principal.--The term ``principal'' means any person 
        that the Director determines exercises significant control over 
        the regular operations of a business entity.
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