[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4208 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4208

 To require the Minority Business Development Agency of the Department 
   of Commerce to promote and administer programs in the public and 
    private sectors to assist the development of minority business 
 enterprises, to ensure that such Agency has the necessary supporting 
   resources, particularly during economic downturns, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 2, 2020

  Mr. Cardin (for himself, Ms. Cantwell, Mr. Booker, Ms. Harris, Mr. 
Schumer, and Ms. Cortez Masto) introduced the following bill; which was 
  read twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
 To require the Minority Business Development Agency of the Department 
   of Commerce to promote and administer programs in the public and 
    private sectors to assist the development of minority business 
 enterprises, to ensure that such Agency has the necessary supporting 
   resources, particularly during economic downturns, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Minority Business 
Resiliency Act of 2020''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Minority Business Development Agency.
                    TITLE I--COVID-19 RAPID RESPONSE

Sec. 101. Emergency appropriation.
                     TITLE II--EXISTING INITIATIVES

       Subtitle A--Market Development, Research, and Information

Sec. 201. Private sector development.
Sec. 202. Public sector development.
Sec. 203. Research and information.
        Subtitle B--Minority Business Development Center Program

Sec. 210. Purpose.
Sec. 211. Definitions.
Sec. 212. Establishment.
Sec. 213. Cooperative agreements.
Sec. 214. Minimizing disruptions to existing Business Centers program.
Sec. 215. Publicity.
Sec. 216. Authorization of appropriations.
TITLE III--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR MINORITY 
                               BUSINESSES

Sec. 301. Annual diverse business forum on capital formation.
Sec. 302. Agency study on alternative financing solutions.
Sec. 303. Educational development relating to management and 
                            entrepreneurship.
TITLE IV--ADMINISTRATIVE AND OTHER POWERS OF THE AGENCY; MISCELLANEOUS 
                               PROVISIONS

Sec. 401. Administrative powers.
Sec. 402. Financial assistance.
Sec. 403. Audits.
Sec. 404. Review and report by Comptroller general.
Sec. 405. Annual reports; recommendations.
Sec. 406. Separability.
Sec. 407. Executive Order 11625.
Sec. 408. Amendment to the Federal Acquisition Streamlining Act of 
                            1994.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) During times of economic downturn or recession, 
        communities of color, and businesses within those communities, 
        are generally more adversely affected, which requires an 
        expansion of the ability of the Federal Government to infuse 
        resources into those communities.
            (2) Despite the growth in the number of minority business 
        enterprises, gaps remain with respect to key metrics for those 
        enterprises, such as access to capital, revenue, number of 
        employees, and survival rate. Specifically--
                    (A) according to the Department of Commerce, 
                minority business enterprises are 2 to 3 times more 
                likely to be denied loans than non-minority business 
                enterprises;
                    (B) according to the Bureau of the Census, the 
                average non-minority business enterprise reports 
                receipts that are more than 3 times higher than 
                receipts reported by the average minority business 
                enterprise; and
                    (C) according to the Kauffman Foundation--
                            (i) minority business enterprises are \1/2\ 
                        as likely to employ individuals, as compared 
                        with non-minority business enterprises; and
                            (ii) if minorities started and owned 
                        businesses at the same rate as non-minorities, 
                        the United States economy would have more than 
                        1,000,000 additional employer businesses and 
                        more than 9,500,000 additional jobs.
            (3) Because of the conditions described in paragraph (2), 
        it is in the interest of the United States and the economy of 
        the United States to expeditiously ameliorate the disparities 
        that minority business enterprises experience.
            (4) Many individuals who own minority business enterprises 
        are socially disadvantaged because those individuals identify 
        as members of certain groups that have suffered the effects of 
        discriminatory practices or similar circumstances over which 
        those individuals have no control, including individuals who 
        are--
                    (A) Black or African American;
                    (B) Hispanic or Latino;
                    (C) American Indian or Alaska Native;
                    (D) Asian; and
                    (E) Native Hawaiian or other Pacific Islander.
            (5) Discriminatory practices and similar circumstances 
        described in paragraph (4) are a significant determinant of 
        overall economic disadvantage in the United States, which is 
        evident in the persistent racial wealth gap in the United 
        States.
            (6) While other Federal agencies focus only on small 
        businesses and businesses that represent a broader demographic 
        than solely minority business enterprises, the Agency focuses 
        exclusively on--
                    (A) the unique needs of minority business 
                enterprises; and
                    (B) enhancing the capacity of minority business 
                enterprises.
    (b) Purposes.--The purposes of this Act are to--
            (1) require the Agency to promote and administer programs 
        in the public and private sectors to assist the development of 
        minority business enterprises; and
            (2) achieve the development described in paragraph (1) by 
        authorizing the Assistant Secretary to carry out programs that 
        will result in increased access to capital, management, and 
        technology for minority business enterprises.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``Agency'' means the Minority 
        Business Development Agency of the Department of Commerce.
            (2) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Minority Business 
        Development who is appointed as described in section 4(b) to 
        administer this Act.
            (3) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``agency'' in section 551 of title 5, 
        United States Code.
            (4) Federally recognized area of economic distress.--The 
        term ``federally recognized area of economic distress'' means--
                    (A) a HUBZone, as that term is defined in section 
                31(b) of the Small Business Act (15 U.S.C. 657a(b));
                    (B) an area that--
                            (i) has been designated as--
                                    (I) an empowerment zone under 
                                section 1391 of the Internal Revenue 
                                Code of 1986; or
                                    (II) a Promise Zone by the 
                                Secretary of Housing and Urban 
                                Development; or
                            (ii) is a low or moderate income area, as 
                        determined by the Bureau of the Census;
                    (C) a qualified opportunity zone, as that term is 
                defined in section 1400Z-1 of the Internal Revenue Code 
                of 1986; or
                    (D) any other political subdivision or 
                unincorporated area of a State determined by the 
                Assistant Secretary to be an area of economic distress.
            (5) Indian tribe.--
                    (A) In general.--Subject to subparagraph (B), the 
                term ``Indian Tribe'' has the meaning given the term 
                ``Indian tribe'' in section 4 of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                5304).
                    (B) Native hawaiian organization.--The term 
                ``Indian Tribe'' includes a Native Hawaiian 
                organization.
            (6) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (7) Minority business enterprise.--The term ``minority 
        business enterprise'' means a for-profit business enterprise--
                    (A) that is not less than 51 percent-owned by 1 or 
                more socially disadvantaged individuals; and
                    (B) the management and daily business operations of 
                which are controlled by 1 or more socially 
                disadvantaged individuals.
            (8) Private sector entity.--The term ``private sector 
        entity''--
                    (A) means an entity that is not a public sector 
                entity; and
                    (B) does not include--
                            (i) the Federal Government;
                            (ii) any Federal agency; or
                            (iii) any instrumentality of the Federal 
                        Government.
            (9) Public sector entity.--The term ``public sector 
        entity'' means--
                    (A) a State;
                    (B) an agency of a State;
                    (C) a political subdivision of a State; or
                    (D) an agency of a political subdivision of a 
                State.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (11) Socially disadvantaged individual.--
                    (A) In general.--The term ``socially disadvantaged 
                individual'' means an individual who has been subjected 
                to racial or ethnic prejudice or cultural bias because 
                of the identity of the individual as a member of a 
                group, without regard to any individual quality of the 
                individual that is unrelated to that identity.
                    (B) Presumption.--In carrying out this Act, the 
                Assistant Secretary shall presume that the term 
                ``socially disadvantaged individual'' includes any 
                individual who is--
                            (i) Black or African American;
                            (ii) Hispanic or Latino;
                            (iii) American Indian or Alaska Native;
                            (iv) Asian;
                            (v) Native Hawaiian or other Pacific 
                        Islander; or
                            (vi) a member of a group that the Minority 
                        Business Development Agency determines under 
                        part 1400 of title 15, Code of Federal 
                        Regulations, as in effect on November 23, 1984, 
                        is a socially disadvantaged group eligible to 
                        receive assistance.
            (12) State.--The term ``State'' means--
                    (A) each of the States of the United States;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) the United States Virgin Islands;
                    (E) Guam;
                    (F) American Samoa;
                    (G) the Commonwealth of the Northern Mariana 
                Islands; and
                    (H) each Indian Tribe.

SEC. 4. MINORITY BUSINESS DEVELOPMENT AGENCY.

    (a) In General.--There is within the Department of Commerce the 
Minority Business Development Agency.
    (b) Assistant Secretary.--
            (1) Appointment and duties.--The Agency shall be headed by 
        an Assistant Secretary of Commerce for Minority Business 
        Development, who shall be--
                    (A) appointed by the President, by and with the 
                advice and consent of the Senate; and
                    (B) except as otherwise expressly provided, 
                responsible for the administration of this Act.
            (2) Compensation.--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.
    (c) Report to Congress.--Not later than 120 days after the date of 
enactment of this Act, the Secretary shall submit to Congress a report 
that describes--
            (1) the organizational structure of the Agency;
            (2) the organizational position of the Agency within the 
        Department of Commerce; and
            (3) a description of how the Agency shall function in 
        relation to the operations carried out by each other component 
        of the Department of Commerce.
    (d) Office of Business Centers.--
            (1) Establishment.--There is established within the Agency 
        an Office of Business Centers.
            (2) Director.--The Office of Business Centers shall be 
        administered by a Director, who shall be appointed by the 
        Assistant Secretary.
    (e) Offices of the Agency.--
            (1) In general.--The Assistant Secretary shall establish 
        such other offices within the Agency as are necessary to carry 
        out this Act.
            (2) Regional offices.--
                    (A) In general.--In order to carry out this Act, 
                the Assistant Secretary may establish a regional office 
                of the Agency for each of the regions of the United 
                States, as determined by the Assistant Secretary.
                    (B) Duties.--Each regional office established under 
                subparagraph (A) shall expand the reach of the Agency 
                and enable the Federal Government to better serve the 
                needs of minority business enterprises in the region 
                served by the office, including by--
                            (i) understanding and participating in the 
                        business environment of that region;
                            (ii) working with--
                                    (I) Centers, as that term is 
                                defined in section 211, that are 
                                located in that region; and
                                    (II) resource and lending partners 
                                of the Small Business Administration 
                                that are located in that region;
                            (iii) being aware of business retention or 
                        expansion programs specific to that region;
                            (iv) seeking out opportunities to 
                        collaborate with regional public and private 
                        programs that focus on minority business 
                        enterprises; and
                            (v) promoting business continuity and 
                        preparedness.

                    TITLE I--COVID-19 RAPID RESPONSE

SEC. 101. EMERGENCY APPROPRIATION.

    (a) In General.--There is appropriated to the Agency for fiscal 
year 2020, out of any money in the Treasury not otherwise appropriated, 
$60,000,000 to provide assistance to minority business enterprises 
affected by the economic downturn caused by the COVID-19 pandemic, 
which shall remain available until expended.
    (b) Emergency Requirement.--The amount provided by this section is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                     TITLE II--EXISTING INITIATIVES

       Subtitle A--Market Development, Research, and Information

SEC. 201. PRIVATE SECTOR DEVELOPMENT.

    The Assistant Secretary shall, whenever the Assistant Secretary 
determines such action is necessary or appropriate--
            (1) assist minority business enterprises to penetrate 
        domestic and foreign markets by making available to those 
        business enterprises, either directly or in cooperation with 
        private sector entities, including community-based 
        organizations and national nonprofit organizations--
                    (A) resources relating to management;
                    (B) technological assistance;
                    (C) financial and marketing services; and
                    (D) services relating to workforce development;
            (2) encourage minority business enterprises to establish 
        joint ventures and projects--
                    (A) with other minority business enterprises; or
                    (B) in cooperation with public sector entities or 
                private sector entities, including community-based 
                organizations and national nonprofit organizations, to 
                increase the share of any market activity being 
                performed by minority business enterprises; and
            (3) facilitate the efforts of private sector entities and 
        Federal agencies to advance the growth of minority business 
        enterprises.

SEC. 202. PUBLIC SECTOR DEVELOPMENT.

    The Assistant Secretary shall, whenever the Assistant Secretary 
determines such action is necessary or appropriate--
            (1) consult and cooperate with public sector entities for 
        the purpose of leveraging resources available in the 
        jurisdictions of those public sector entities to promote the 
        position of minority business enterprises in the local 
        economies of those public sector entities, including by 
        assisting public sector entities to establish or enhance--
                    (A) programs to procure goods and services through 
                minority business enterprises and goals for that 
                procurement;
                    (B) programs offering assistance relating to--
                            (i) management;
                            (ii) technology;
                            (iii) financing;
                            (iv) marketing; and
                            (v) workforce development; and
                    (C) informational programs designed to inform 
                minority business enterprises located in the 
                jurisdictions of those public sector entities about the 
                availability of programs described in this section;
            (2) meet with leaders and officials of public sector 
        entities for the purpose of recommending and promoting local 
        administrative and legislative initiatives needed to advance 
        the position of minority business enterprises in the local 
        economies of those public sector entities; and
            (3) facilitate the efforts of public sector entities and 
        Federal agencies to advance the growth of minority business 
        enterprises.

SEC. 203. RESEARCH AND INFORMATION.

    (a) In General.--In order to achieve the purposes of this Act, the 
Assistant Secretary--
            (1) shall--
                    (A) collect and analyze data, including data 
                relating to the causes of the success or failure of 
                minority business enterprises;
                    (B) perform evaluations of programs carried out by 
                Federal agencies with an emphasis on increasing 
                coordination between Federal agencies with respect to 
                the development of minority business enterprises; and
                    (C) conduct research, studies, and surveys of--
                            (i) economic conditions generally in the 
                        United States; and
                            (ii) how the conditions described in clause 
                        (i) particularly affect the development of 
                        minority business enterprises; and
            (2) may, at the request of a public sector entity or a 
        private sector entity, perform an evaluation of programs 
        carried out by the entity that are designed to assist the 
        development of minority business enterprises.
    (b) Information Clearinghouse.--The Assistant Secretary shall--
            (1) establish and maintain an information clearinghouse for 
        the collection and dissemination of demographic, economic, 
        financial, managerial, and technical data relating to minority 
        business enterprises; and
            (2) take such steps as the Assistant Secretary may 
        determine to be necessary and desirable to search for, collect, 
        classify, coordinate, integrate, record, and catalog the data 
        described in paragraph (1).

        Subtitle B--Minority Business Development Center Program

SEC. 210. PURPOSE.

    The purpose of the MBDC Program shall be to create a national 
network of public-private partnerships that--
            (1) assist minority business enterprises to--
                    (A) access capital and contracts; and
                    (B) create and maintain jobs;
            (2) provide counseling and mentoring to minority business 
        enterprises; and
            (3) facilitate the growth of minority business enterprises 
        by promoting trade.

SEC. 211. DEFINITIONS.

    In this title:
            (1) Center.--The term ``Center'' means an eligible entity 
        that enters into an MBDC agreement with the Assistant 
        Secretary.
            (2) Eligible entity.--Except as otherwise expressly 
        provided, the term ``eligible entity''--
                    (A) means--
                            (i) a private sector entity; or
                            (ii) a public sector entity; and
                    (B) includes an institution of higher education.
            (3) MBDC agreement.--The term ``MBDC agreement'' means a 
        collaborative agreement entered into between the Assistant 
        Secretary and a Center under the MBDC Program.
            (4) MBDC program.--The term ``MBDC Program'' means the 
        program established under section 212.

SEC. 212. ESTABLISHMENT.

    (a) In General.--Subject to subsection (b), there is established in 
the Agency a program--
            (1) that shall be known as the Minority Business 
        Development Centers Program;
            (2) that shall be separate and distinct from the efforts of 
        the Assistant Secretary under section 201; and
            (3) under which the Assistant Secretary shall enter into 
        cooperative agreements with eligible entities under which, in 
        accordance with section 213--
                    (A) the eligible entities shall provide technical 
                assistance and business development services to 
                minority business enterprises; and
                    (B) the Assistant Secretary shall provide financial 
                assistance to the eligible entities to carry out the 
                activities described in subparagraph (A).
    (b) Coverage.--The Assistant Secretary shall take all necessary 
actions to ensure that the MBDC Program, in accordance with section 
213, offers the services described in subsection (a)(3)(A) in all 
regions of the United States.
    (c) Scope of Authority.--The authority of the Assistant Secretary 
to enter into MBDC agreements shall be effective each fiscal year only 
to the extent that amounts are made available to the Assistant 
Secretary under applicable appropriations Acts.

SEC. 213. COOPERATIVE AGREEMENTS.

    (a) Requirements.--A Center shall, using financial assistance 
awarded to the Center under an MBDC agreement--
            (1) provide to minority business enterprises programs and 
        services determined to be appropriate by the Assistant 
        Secretary, which--
                    (A) shall include referral services to meet the 
                needs of minority business enterprises; and
                    (B) may include programs and services to accomplish 
                the goals described in section 201(1);
            (2) develop, cultivate, and maintain a network of strategic 
        partnerships with organizations that foster access by minority 
        business enterprises to economic markets or contracts;
            (3) continue to upgrade and modify the services provided by 
        the Center, as necessary, in order to meet the changing and 
        evolving needs of the business community;
            (4) collaborate with other Centers; and
            (5) in providing programs and services under the MBDC 
        agreement--
                    (A) operate on a fee-for-service basis; and
                    (B) generate income through the collection of--
                            (i) client fees;
                            (ii) membership fees;
                            (iii) success fees; and
                            (iv) any other appropriate fees proposed by 
                        the Center in the application submitted by the 
                        Center for the MBDC agreement.
    (b) Term.--Subject to subsection (g), the term of an MBDC agreement 
shall be 3 years.
    (c) Financial Assistance.--
            (1) Minimum amount.--Subject to paragraph (2), the amount 
        of financial assistance provided by the Assistant Secretary 
        under an MBDC agreement shall be not less than $250,000 for the 
        term of the MBDC agreement.
            (2) Additional amounts.--In determining whether to award 
        financial assistance under an MBDC agreement to a Center in an 
        amount greater than $250,000, the Assistant Secretary shall 
        take into consideration the cost of living and the size of the 
        population in the area in which the Center is located.
            (3) Matching requirement.--
                    (A) In general.--A Center shall match not less than 
                \1/3\ of the amount of the financial assistance awarded 
                to the Center under an MBDC agreement.
                    (B) Form of funds.--A Center may meet the matching 
                requirement under subparagraph (A) using cash or in-
                kind contributions, without regard to whether the 
                contribution is made by a third party.
            (4) Use of financial assistance and program income.--A 
        Center shall use--
                    (A) all financial assistance awarded to the Center 
                under an MBDC agreement to carry out the requirements 
                under subsection (a); and
                    (B) all income that the Center generates in 
                carrying out the requirements under subsection (a)--
                            (i) to meet the matching requirement under 
                        paragraph (3) of this subsection; and
                            (ii) if the Center meets the matching 
                        requirement under paragraph (3) of this 
                        subsection, to carry out the requirements under 
                        subsection (a).
    (d) Criteria for Selection.--The Assistant Secretary shall--
            (1) establish--
                    (A) criteria that--
                            (i) the Assistant Secretary shall use in 
                        determining whether to enter into an MBDC 
                        agreement with an eligible entity; and
                            (ii) may include criteria relating to 
                        whether an eligible entity is located in--
                                    (I) an area, the population of 
                                which is composed of not less than 51 
                                percent socially disadvantaged 
                                individuals;
                                    (II) a federally recognized area of 
                                economic distress; or
                                    (III) a State that is underserved 
                                with respect to the MBDC program, as 
                                defined by the Assistant Secretary; and
                    (B) standards relating to the consideration given 
                to the criteria established under subparagraph (A); and
            (2) make the criteria and standards established under 
        paragraph (1) publicly available, including--
                    (A) on the website of the Agency; and
                    (B) in each solicitation for applications for MBDC 
                agreements.
    (e) Applications.--An eligible entity desiring to enter into an 
MBDC agreement shall submit to the Assistant Secretary an application 
that includes--
            (1) a statement of--
                    (A) how the eligible entity will meet the 
                requirements under subsection (a); and
                    (B) any experience of the eligible entity in--
                            (i) assisting minority business enterprises 
                        to--
                                    (I) obtain--
                                            (aa) large-scale contracts 
                                        or procurements; or
                                            (bb) financing;
                                    (II) access established supply 
                                chains; and
                                    (III) engage in--
                                            (aa) joint ventures, 
                                        teaming arrangements, and 
                                        mergers and acquisitions; or
                                            (bb) large-scale 
                                        transactions in global markets; 
                                        and
                            (ii) advocating for minority business 
                        enterprises; and
            (2) the budget and corresponding budget narrative that the 
        eligible entity will use in carrying out the requirements under 
        subsection (a) during the term of the MBDC agreement.
    (f) Notification.--If the Assistant Secretary grants an application 
of an eligible entity submitted under subsection (e), the Assistant 
Secretary shall notify the eligible entity that the application has 
been granted not later than 150 days after the last day on which an 
application may be submitted under that subsection.
    (g) Program Examination; Accreditation; Extensions.--
            (1) Examination.--Not later than 180 days after the date of 
        enactment of this Act, and biennially thereafter, the Assistant 
        Secretary shall conduct a programmatic financial examination of 
        each Center.
            (2) Accreditation.--The Assistant Secretary may provide 
        financial support, by contract or otherwise, to an association, 
        not less than 51 percent of the members of which are Centers, 
        to--
                    (A) pursue matters of common concern with respect 
                to Centers; and
                    (B) develop an accreditation program with respect 
                to Centers.
            (3) Extensions.--
                    (A) In general.--The Assistant Secretary may extend 
                the term under subsection (b) of an MBDC agreement to 
                which a Center is a party to a term of 5 years, if the 
                Center consents to the extension.
                    (B) Financial assistance.--If the Assistant 
                Secretary extends the term of an MBDC agreement under 
                paragraph (1), the Assistant Secretary shall, in the 
                same manner and amount in which financial assistance 
                was provided during the initial term of the MBDC 
                agreement, provide financial assistance under the MBDC 
                agreement during the extended term of the MBDC 
                agreement.
    (h) Priority.--In entering into MBDC agreements under the MBDC 
Program and extending MBDC agreements under subsection (g)(3), the 
Assistant Secretary shall give priority to extending MBDC agreements 
under subsection (g)(3).
    (i) Suspension, Termination, and Refusal To Extend.--
            (1) In general.--
                    (A) In general.--The Assistant Secretary may 
                suspend, terminate, or refuse to extend the term of an 
                MBDC agreement on the basis of the poor performance by 
                a Center in meeting the performance goals established 
                by the Secretary under subparagraph (B).
                    (B) Performance goals.--The Assistant Secretary 
                shall establish performance goals by which to evaluate 
                the performance of a Center in meeting the requirements 
                under subsection (a).
            (2) Notice.--Before suspending, terminating, or refusing to 
        extend the term of an MBDC agreement under paragraph (1), the 
        Assistant Secretary shall provide to the relevant Center--
                    (A) a written notice of the reasons for the 
                suspension, termination, or refusal; and
                    (B) an opportunity for a hearing, appeal, or other 
                administrative proceeding to contest the suspension, 
                termination, or refusal.
    (j) MBDA Involvement.--The Assistant Secretary shall ensure that 
the Agency is substantially involved in the activities of Centers in 
carrying out the requirements under subsection (a), including by--
            (1) providing to each Center training relating to the MBDC 
        Program;
            (2) requiring that the operator and staff of each Center--
                    (A) attend--
                            (i) a conference with the Agency to 
                        establish the services and programs that the 
                        Center will provide in carrying out the 
                        requirements before the date on which the 
                        Center begins providing those services and 
                        programs; and
                            (ii) training provided under paragraph (1);
                    (B) receive necessary advising relating to carrying 
                out the requirements under subsection (a); and
                    (C) work in coordination and collaboration with the 
                Assistant Secretary to carry out the MBDC Program and 
                other programs of the Agency;
            (3) facilitating connections between Centers and--
                    (A) Federal agencies other than the Agency, 
                including the Small Business Administration and the 
                Economic Development Administration of the Department 
                of Commerce; and
                    (B) other institutions or entities that use Federal 
                resources, including--
                            (i) small business development centers, as 
                        that term is defined in section 3(t) of the 
                        Small Business Act (15 U.S.C. 632(t));
                            (ii) women's business centers described in 
                        section 29 of the Small Business Act (15 U.S.C. 
                        656);
                            (iii) eligible entities, as that term is 
                        defined in section 2411 of title 10, United 
                        States Code, that provide services under the 
                        program carried out under chapter 142 of that 
                        title; and
                            (iv) entities participating in the Hollings 
                        Manufacturing Extension Partnership Program 
                        established under section 25 of the National 
                        Institute of Standards and Technology Act (15 
                        U.S.C. 278k);
            (4) monitoring projects carried out by each Center; and
            (5) establishing and enforcing administrative and reporting 
        requirements for each Center to carry out the requirements 
        under subsection (a).
    (k) Regulations.--The Assistant Secretary shall issue and publish 
regulations that establish minimum standards regarding verification of 
minority business enterprise status for clients of entities operating 
under the MBDC Program.

SEC. 214. MINIMIZING DISRUPTIONS TO EXISTING BUSINESS CENTERS PROGRAM.

    The Assistant Secretary shall ensure that each cooperative 
agreement entered into under the Business Centers program of the Agency 
that is in effect on the day before the date of enactment of this Act 
is carried out in a manner that, to the greatest extent practicable, 
prevents disruption of any activity carried out under the cooperative 
agreement.

SEC. 215. PUBLICITY.

    In carrying out the MBDC Program, the Assistant Secretary shall 
widely publicize the MBDC Program, including--
            (1) on the website of the Agency; and
            (2) via social media outlets.

SEC. 216. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Assistant Secretary 
$30,000,000 for each of fiscal years 2021 through 2024 to carry out the 
MBDC Program, including the component of the program relating to 
Specialty Centers.

TITLE III--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR MINORITY 
                               BUSINESSES

SEC. 301. ANNUAL DIVERSE BUSINESS FORUM ON CAPITAL FORMATION.

    (a) Responsibility of Agency.--Not later than 18 months after the 
date of enactment of this Act, and annually thereafter, the Agency 
shall conduct a Government-business forum to review the current status 
of problems and programs relating to capital formation by minority 
business enterprises.
    (b) Participation in Forum Planning.--The Assistant Secretary shall 
invite the heads of other Federal agencies, such as the Chairman of the 
Securities and Exchange Commission, the Secretary of the Treasury, and 
the Chairman of the Board of Governors of the Federal Reserve System, 
organizations representing State securities commissioners, 
representatives of leading minority chambers of commerce, business 
organizations, and professional organizations concerned with capital 
formation to participate in the planning of each forum conducted under 
subsection (a).
    (c) Preparation of Statements and Reports.--
            (1) Requests.--The Assistant Secretary may request that any 
        head of a Federal department, agency, or organization, 
        including those described in subsection (b), or any other group 
        or individual, prepare a statement or report to be delivered at 
        any forum conducted under subsection (a).
            (2) Cooperation.--Any head of a Federal department, agency, 
        or organization who receives a request under paragraph (1) 
        shall, to the greatest extent practicable, cooperate with the 
        Assistant Secretary to fulfill that request.
    (d) Transmittal of Proceedings and Findings.--The Assistant 
Secretary shall--
            (1) prepare a summary of the proceedings of each forum 
        conducted under subsection (a), which shall include the 
        findings and recommendations of the forum; and
            (2) transmit the summary described in paragraph (1) with 
        respect to each forum conducted under subsection (a) to--
                    (A) the participants in the forum;
                    (B) Congress; and
                    (C) the public, through a publicly available 
                website.
    (e) Review of Findings and Recommendations; Public Statements.--
            (1) In general.--A Federal agency to which a finding or 
        recommendation described in subsection (d)(1) relates shall--
                    (A) review that finding or recommendation; and
                    (B) promptly after the finding or recommendation is 
                transmitted under paragraph (2)(C) of subsection (d), 
                issue a public statement--
                            (i) assessing the finding or 
                        recommendation; and
                            (ii) disclosing the action, if any, the 
                        Federal agency intends to take with respect to 
                        the finding or recommendation.
            (2) Joint statement permitted.--If a finding or 
        recommendation described in subsection (d)(1) relates to more 
        than 1 Federal agency, the applicable Federal agencies may, for 
        the purposes of the public statement required under paragraph 
        (1)(B), issue a joint statement.

SEC. 302. AGENCY STUDY ON ALTERNATIVE FINANCING SOLUTIONS.

    (a) Purpose.--The purpose of this section is to provide information 
relating to alternative financing solutions to minority business 
enterprises, as those business enterprises are more likely to struggle 
in accessing, particularly at affordable rates, traditional sources of 
capital.
    (b) Study and Report.--Not later than 1 year after the date of 
enactment of this Act, the Assistant Secretary shall--
            (1) conduct a study on opportunities for providing 
        alternative financing solutions to minority business 
        enterprises; and
            (2) submit to Congress, and publish on the website of the 
        Agency, a report describing the findings of the study carried 
        out under paragraph (1).

SEC. 303. EDUCATIONAL DEVELOPMENT RELATING TO MANAGEMENT AND 
              ENTREPRENEURSHIP.

    (a) Duties.--The Assistant Secretary shall, whenever the Assistant 
Secretary determines such action is necessary or appropriate--
            (1) promote and provide assistance for the education and 
        training of socially disadvantaged individuals in subjects 
        directly relating to business administration and management;
            (2) join with, and encourage, institutions of higher 
        education, leaders in business and industry, and other public 
        sector and private sector entities, particularly minority 
        business enterprises, to--
                    (A) develop programs to offer scholarships and 
                fellowships, apprenticeships, and internships relating 
                to business to socially disadvantaged individuals; and
                    (B) sponsor seminars, conferences, and similar 
                activities relating to business for the benefit of 
                socially disadvantaged individuals;
            (3) stimulate and accelerate curriculum design and 
        improvement in support of development of minority business 
        enterprises; and
            (4) encourage and assist private institutions and 
        organizations and public sector entities to undertake 
        activities similar to the activities described in paragraphs 
        (1), (2), and (3).
    (b) Parren J. Mitchell Entrepreneurship Education Grants.--
            (1) Definition.--In this subsection, the term ``eligible 
        institution'' means an institution of higher education 
        described in any of paragraphs (1) through (7) of section 
        371(a) of the Higher Education Act of 1965 (20 U.S.C. 
        1067q(a)).
            (2) Grants.--The Assistant Secretary shall award grants to 
        eligible institutions to develop and implement entrepreneurship 
        curricula.
            (3) Requirements.--An eligible institution that receives a 
        grant awarded under this subsection shall use the grant funds 
        to--
                    (A) develop a curriculum that includes training in 
                various skill sets needed by contemporary successful 
                entrepreneurs, including--
                            (i) business management and marketing;
                            (ii) financial management and accounting;
                            (iii) market analysis;
                            (iv) competitive analysis;
                            (v) innovation;
                            (vi) strategic planning; and
                            (vii) any other skill set that the eligible 
                        institution determines is necessary for the 
                        students served by the eligible institution and 
                        the community in which the eligible institution 
                        is located; and
                    (B) implement the curriculum developed under 
                subparagraph (A) at the eligible institution.
            (4) Implementation timeline.--The Assistant Secretary shall 
        establish and publish a timeline under which an eligible 
        institution that receives a grant under this section shall 
        carry out the requirements under paragraph (3).
            (5) Reports.--Each year, the Assistant Secretary shall 
        submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Energy and 
        Commerce of the House of Representatives, as part of the annual 
        budget submission of the President under section 1105(a) of 
        title 31, United States Code, a report evaluating the awarding 
        and use of grants under this subsection during the fiscal year 
        immediately preceding the date on which the report is 
        submitted, which shall include, with respect to that fiscal 
        year--
                    (A) a description of each curriculum developed and 
                implemented under each grant awarded under this 
                section;
                    (B) the date on which each grant awarded under this 
                section was awarded; and
                    (C) the number of eligible entities that were 
                recipients of grants awarded under this section.

TITLE IV--ADMINISTRATIVE AND OTHER POWERS OF THE AGENCY; MISCELLANEOUS 
                               PROVISIONS

SEC. 401. ADMINISTRATIVE POWERS.

    (a) In General.--In carrying out this Act, the Assistant 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 
        Assistant Secretary may determine to be necessary or 
        appropriate to carry out this Act;
            (3) acquire, in any lawful manner, any property that the 
        Assistant Secretary may determine to be necessary or 
        appropriate to carry out this Act;
            (4) make advance payments under grants, contracts, and 
        cooperative agreements awarded under this Act;
            (5) enter into agreements with other Federal agencies;
            (6) coordinate with the heads of the Offices of Small and 
        Disadvantaged Business Utilization of Federal agencies;
            (7) 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--
                    (A) ensure consistency with the purposes of this 
                Act; and
                    (B) avoid duplication of existing efforts; and
            (8) prescribe such rules, regulations, and procedures as 
        the Agency may determine to be necessary or appropriate to 
        carry out this Act.
    (b) Employment of Certain Experts and Consultants.--
            (1) In general.--In carrying out this Act, 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.
            (2) Renewal of contracts.--The Assistant Secretary may 
        annually renew a contract for employment of an individual 
        employed under paragraph (1).
    (c) Donation of Property.--
            (1) In general.--Subject to paragraph (2), in carrying out 
        this Act, 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 in carrying out this Act.
            (2) Terms, conditions, reservations, and restrictions.--The 
        Assistant Secretary may impose reasonable terms, conditions, 
        reservations, and restrictions upon the use of any property 
        donated under paragraph (1).

SEC. 402. FINANCIAL ASSISTANCE.

    (a) In General.--
            (1) Provision of financial assistance.--To carry out 
        sections 201, 202, and 203(a), the Assistant Secretary may 
        provide financial assistance to public sector entities and 
        private sector entities in the form of contracts, grants, or 
        cooperative agreements.
            (2) Notice.--Not later than 120 days before the first day 
        of each fiscal year, the Assistant Secretary shall, in 
        accordance with subsection (b), broadly publish a statement 
        regarding financial assistance that will, or may, be made 
        available under paragraph (1) in the first fiscal year that 
        begins after the date on which the statement is published, 
        including--
                    (A) the actual, or anticipated, amount of financial 
                assistance that will, or may, be made available;
                    (B) the types of financial assistance that will, or 
                may, be made available;
                    (C) the manner in which financial assistance will 
                be allocated among public sector entities and private 
                sector entities, as applicable; and
                    (D) the methodology used by the Assistant Secretary 
                to make allocations under subparagraph (C).
            (3) Consultation.--The Assistant Secretary shall consult 
        with public sector entities and private sector entities, as 
        applicable, in deciding the amounts and types of financial 
        assistance to make available under paragraph (1).
    (b) Publicity.--In carrying out this section, the Assistant 
Secretary shall broadly publicize all opportunities for financial 
assistance available under this section, including--
            (1) on the website of the Agency; and
            (2) via social media outlets.

SEC. 403. AUDITS.

    (a) Recordkeeping Requirement.--Each recipient of assistance under 
this Act shall keep such records as the Assistant Secretary shall 
prescribe, including records that fully disclose, with respect to the 
assistance received by the recipient under this Act--
            (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; and
            (5) any other records that will facilitate an effective 
        audit of the assistance.
    (b) Access by Government Officials.--The Assistant Secretary, the 
Inspector General of the Department of Commerce, and the Comptroller 
General of the United States, or any duly authorized representative of 
any such individual, shall have access, for the purpose of audit, 
investigation, and examination, to any book, document, paper, record, 
or other material of a recipient of assistance under this Act that 
pertains to the assistance received by the recipient under this Act.

SEC. 404. REVIEW AND REPORT BY COMPTROLLER GENERAL.

    Not later than 4 years after the date of enactment of this Act, the 
Comptroller General of the United States shall--
            (1) conduct a thorough review of the programs carried out 
        under this Act; 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 Act;
                    (B) a description of any failure by any recipient 
                of assistance under this Act to comply with the 
                requirements under this Act; and
                    (C) recommendations for any legislative or 
                administrative action that should be taken to improve 
                the achievement of the purposes of this Act.

SEC. 405. ANNUAL REPORTS; RECOMMENDATIONS.

    (a) Annual Report.--Not later than 90 days after the last day of 
each fiscal year, the Assistant Secretary shall submit to Congress, and 
publish on the website of the Agency, a report of each activity of the 
Agency carried out under this Act during the fiscal year preceding the 
date on which the report is submitted.
    (b) Recommendations.--The Assistant Secretary shall periodically 
submit to Congress and the President recommendations for legislation or 
other actions that the Assistant Secretary determines to be necessary 
or appropriate to promote the purposes of this Act.

SEC. 406. SEPARABILITY.

    If a provision of this Act, or the application of a provision of 
this Act 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 Act; or
                    (B) the application of this Act to any other person 
                or circumstance; and
            (2) shall be confined in its operation to--
                    (A) the provision of this Act with respect to which 
                the judgment is rendered; or
                    (B) the application of the provision of this Act to 
                each person or circumstance directly involved in the 
                controversy in which the judgment is rendered.

SEC. 407. EXECUTIVE ORDER 11625.

    The powers and duties of the Agency shall be determined--
            (1) in accordance with this Act and the requirements of 
        this Act; 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).

SEC. 408. AMENDMENT TO THE FEDERAL ACQUISITION STREAMLINING ACT OF 
              1994.

    Section 7104(c) of the Federal Acquisition Streamlining Act of 1994 
(15 U.S.C. 644a(c)) is amended by striking paragraph (2) and inserting 
the following:
            ``(2) The Assistant Secretary of Commerce for Minority 
        Business Development.''.
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