[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2068 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2068

 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

                             June 15, 2021

Mr. Cardin (for himself, Mr. Scott of South Carolina, Ms. Cantwell, and 
  Mr. Wicker) 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 
Development Act of 2021''.
    (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--EXISTING INITIATIVES

       Subtitle A--Market Development, Research, and Information

Sec. 101. Private sector development.
Sec. 102. Public sector development.
Sec. 103. Research and information.
   Subtitle B--Minority Business Development Agency Business Center 
                                Program

Sec. 111. Definition.
Sec. 112. Purpose.
Sec. 113. Establishment.
Sec. 114. Grants and cooperative agreements.
Sec. 115. Minimizing disruptions to existing MBDA Business Center 
                            program.
Sec. 116. Publicity.
 TITLE II--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR MINORITY 
                               BUSINESSES

Sec. 201. Annual diverse business forum on capital formation.
Sec. 202. Agency study on alternative financing solutions.
Sec. 203. Educational development relating to management and 
                            entrepreneurship.
           TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAM

Sec. 301. Definitions.
Sec. 302. Business centers.
Sec. 303. Report to Congress.
Sec. 304. Study and report.
             TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTS

Sec. 401. Grants to nonprofit organizations that support minority 
                            business enterprises.
        TITLE V--MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL

Sec. 501. Purpose.
Sec. 502. Composition and term.
Sec. 503. Duties.
      TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS

Sec. 601. General duties.
Sec. 602. Participation of Federal departments and agencies.
     TITLE VII--ADMINISTRATIVE POWERS OF THE AGENCY; MISCELLANEOUS 
                               PROVISIONS

Sec. 701. Administrative powers.
Sec. 702. Federal assistance.
Sec. 703. Recordkeeping.
Sec. 704. Review and report by Comptroller General.
Sec. 705. Biannual reports; recommendations.
Sec. 706. Separability.
Sec. 707. Executive Order 11625.
Sec. 708. Amendment to the Federal Acquisition Streamlining Act of 
                            1994.
Sec. 709. Authorization of appropriations.

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.
            (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 2021 Small Business Credit 
                Survey of the Federal Reserve Banks, Black-owned and 
                Latino-owned employer businesses are more than 2 and 
                1.5 times more likely to be denied loans, respectively, 
                than White-owned employer businesses;
                    (B) according to the Bureau of the Census, the 
                average non-minority business enterprise reports 
                revenue that is more than 3 times higher than revenue 
                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 economy of the United States 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.
            (6) It is in the interest of Congress to address the 
        persistent racial wealth gap in the United States and to 
        support entrepreneurship as a pathway to wealth development.
            (7) 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 Under 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) Community-based organization.--The term ``community-
        based organization'' has the meaning given the term in section 
        8101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801).
            (3) Eligible entity.--Except as otherwise expressly 
        provided, the term ``eligible entity''--
                    (A) means--
                            (i) a private sector entity;
                            (ii) a public sector entity; or
                            (iii) a Tribal government; and
                    (B) includes an institution of higher education.
            (4) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``agency'' in section 551 of title 5, 
        United States Code.
            (5) 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 Department of Housing and 
                        Urban Development;
                    (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 Under 
                Secretary to be an area of economic distress.
            (6) Indian tribe.--The term ``Indian Tribe''--
                    (A) has the meaning given the term in section 4 of 
                the Indian Self-Determination and Education Assistance 
                Act (25 U.S.C. 5304); and
                    (B) includes a Native Hawaiian organization.
            (7) 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).
            (8) MBDA business center.--The term ``MBDA Business 
        Center'' means any business center that--
                    (A) is established by the Agency; and
                    (B) provides technical business assistance to 
                minority business enterprises consistent with the 
                requirements of this Act.
            (9) MBDA business center agreement.--The term ``MBDA 
        Business Center agreement'' means a legal instrument--
                    (A) reflecting a relationship between the Agency 
                and the recipient of a Federal assistance award that is 
                the subject of the instrument; and
                    (B) that establishes the terms by which the 
                recipient described in subparagraph (A) shall operate 
                an MBDA Business Center.
            (10) Minority business enterprise.--
                    (A) In general.--The term ``minority business 
                enterprise'' means a business enterprise--
                            (i) that is not less than 51 percent-owned 
                        by 1 or more socially or economically 
                        disadvantaged individuals; and
                            (ii) the management and daily business 
                        operations of which are controlled by 1 or more 
                        socially or economically disadvantaged 
                        individuals.
                    (B) Rule of construction.--Nothing in subparagraph 
                (A) may be construed to exclude a business enterprise 
                from qualifying as a ``minority business enterprise'' 
                under that subparagraph because of--
                            (i) the status of the business enterprise 
                        as a for-profit or not-for-profit enterprise; 
                        or
                            (ii) the annual revenue of the business 
                        enterprise.
            (11) 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.
            (12) 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.
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (14) Socially or economically disadvantaged business 
        concern.--The term ``socially or economically disadvantaged 
        business concern'' means a for-profit business enterprise--
                    (A)(i) that is not less than 51 percent owned by 1 
                or more socially or economically disadvantaged 
                individuals; or
                    (ii) that is socially or economically 
                disadvantaged; or
                    (B) the management and daily business operations of 
                which are controlled by 1 or more socially or 
                economically disadvantaged individuals.
            (15) Socially or economically disadvantaged individual.--
                    (A) In general.--The term ``socially or 
                economically disadvantaged individual'' means an 
                individual who has been subjected to racial or ethnic 
                prejudice or cultural bias (or the ability of whom to 
                compete in the free enterprise system has been impaired 
                due to diminished capital and credit opportunities, as 
                compared to others in the same line of business and 
                competitive market area) 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 
                Under Secretary shall presume that the term ``socially 
                or economically 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 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.
            (16) Specialty center.--The term ``specialty center'' means 
        an MBDA Business Center that provides specialty services 
        focusing on specific business needs, including assistance 
        relating to--
                    (A) capital access;
                    (B) Federal procurement;
                    (C) entrepreneurship;
                    (D) technology transfer; or
                    (E) any other area determined necessary or 
                appropriate based on the priorities of the Agency.
            (17) 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.
            (18) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary of Commerce for Minority Business 
        Development, who is appointed as described in section 4(b) to 
        administer this Act.

SEC. 4. MINORITY BUSINESS DEVELOPMENT AGENCY.

    (a) In General.--There is within the Department of Commerce the 
Minority Business Development Agency.
    (b) Under Secretary.--
            (1) Appointment and duties.--The Agency shall be headed by 
        the Under Secretary of Commerce for Minority Business 
        Development, who shall--
                    (A) be appointed by the President, by and with the 
                advice and consent of the Senate;
                    (B) except as otherwise expressly provided, be 
                responsible for the administration of this Act; and
                    (C) report directly to the Secretary.
            (2) Compensation.--
                    (A) In general.--The Under Secretary shall be 
                compensated at an annual rate of basic pay prescribed 
                for level III of the Executive Schedule under section 
                5314 of title 5, United States Code.
                    (B) Technical and conforming amendment.--Section 
                5314 of title 5, United States Code, is amended by 
                striking ``and Under Secretary of Commerce for Travel 
                and Tourism'' and inserting ``Under Secretary of 
                Commerce for Travel and Tourism, and Under Secretary of 
                Commerce for Minority Business Development''.
    (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 
        the Office of Business Centers.
            (2) Director.--The Office of Business Centers shall be 
        administered by a Director, who shall be appointed by the Under 
        Secretary.
    (e) Offices of the Agency.--
            (1) In general.--In addition to the regional offices that 
        the Under Secretary is required to establish under paragraph 
        (2), the Under 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 Under Secretary shall establish a regional office 
                of the Agency for each of the regions of the United 
                States, as determined by the Under 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) MBDA Business Centers that are 
                                located in that region;
                                    (II) resource and lending partners 
                                of other appropriate Federal agencies 
                                that are located in that region; and
                                    (III) Federal, State, and local 
                                procurement offices that are located in 
                                that region;
                            (iii) being aware of business retention or 
                        expansion programs that are 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--EXISTING INITIATIVES

       Subtitle A--Market Development, Research, and Information

SEC. 101. PRIVATE SECTOR DEVELOPMENT.

    The Under Secretary shall, whenever the Under Secretary determines 
such action is necessary or appropriate--
            (1) provide Federal assistance to minority business 
        enterprises operating in 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 and technical assistance;
                    (C) financial, legal, 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. 102. PUBLIC SECTOR DEVELOPMENT.

    The Under Secretary shall, whenever the Under 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) law;
                            (iv) financing, including accounting;
                            (v) marketing; and
                            (vi) 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. 103. RESEARCH AND INFORMATION.

    (a) In General.--In order to achieve the purposes of this Act, the 
Under Secretary--
            (1) shall--
                    (A) collect and analyze data, including data 
                relating to the causes of the success or failure of 
                minority business enterprises;
                    (B) 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
                    (C) provide outreach, educational services, and 
                technical assistance in, at a minimum, the 5 most 
                commonly spoken languages in the United States to 
                ensure that limited-English proficient individuals 
                receive culturally and linguistically appropriate 
                access to the services and information provided by the 
                Agency; and
            (2) may perform an evaluation of programs carried out by 
        the Under Secretary that are designed to assist the development 
        of minority business enterprises.
    (b) Information Clearinghouse.--The Under Secretary shall--
            (1) establish and maintain an information clearinghouse for 
        the collection and dissemination to relevant parties (including 
        business owners and researchers) of demographic, economic, 
        financial, managerial, and technical data relating to minority 
        business enterprises; and
            (2) take such steps as the Under Secretary may determine to 
        be necessary and desirable to--
                    (A) search for, collect, classify, coordinate, 
                integrate, record, and catalog the data described in 
                paragraph (1); and
                    (B) in a manner that is consistent with section 
                552a of title 5, United States Code, protect the 
                privacy of the minority business enterprises to which 
                the data described in paragraph (1) relates.

   Subtitle B--Minority Business Development Agency Business Center 
                                Program

SEC. 111. DEFINITION.

    In this subtitle, the term ``MBDA Business Center Program'' means 
the program established under section 113.

SEC. 112. PURPOSE.

    The purpose of the MBDA Business Center Program shall be to create 
a national network of public-private partnerships that--
            (1) assist minority business enterprises to--
                    (A) access capital, contracts, and grants; 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. 113. ESTABLISHMENT.

    (a) In General.--There is established in the Agency a program--
            (1) that shall be known as the MBDA Business Center 
        Program;
            (2) that shall be separate and distinct from the efforts of 
        the Under Secretary under section 101; and
            (3) under which the Under Secretary shall make Federal 
        assistance awards to eligible entities to operate MBDA Business 
        Centers, which shall, in accordance with section 114, provide 
        technical assistance and business development services, or 
        specialty services, to minority business enterprises.
    (b) Coverage.--The Under Secretary shall take all necessary actions 
to ensure that the MBDA Business Center Program, in accordance with 
section 114, offers the services described in subsection (a)(3) in all 
regions of the United States.

SEC. 114. GRANTS AND COOPERATIVE AGREEMENTS.

    (a) Requirements.--An MBDA Business Center (referred to in this 
subtitle as a ``Center''), with respect to the Federal financial 
assistance award made to operate the Center under the MBDA Business 
Center Program--
            (1) shall--
                    (A) provide to minority business enterprises 
                programs and services determined to be appropriate by 
                the Under Secretary, which may include--
                            (i) referral services to meet the needs of 
                        minority business enterprises; and
                            (ii) programs and services to accomplish 
                        the goals described in section 101(1);
                    (B) develop, cultivate, and maintain a network of 
                strategic partnerships with organizations that foster 
                access by minority business enterprises to economic 
                markets, capital, or contracts;
                    (C) 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;
                    (D) establish or continue a referral relationship 
                with not less than 1 community-based organization; and
                    (E) collaborate with other Centers; and
            (2) in providing programs and services under the applicable 
        MBDA Business Center agreement, may--
                    (A) operate on a fee-for-service basis; or
                    (B) generate income through the collection of--
                            (i) client fees;
                            (ii) membership fees; and
                            (iii) any other appropriate fees proposed 
                        by the Center in the application submitted by 
                        the Center under subsection (e).
    (b) Term.--Subject to subsection (g)(3), the term of an MBDA 
Business Center agreement shall be not less than 3 years.
    (c) Financial Assistance.--
            (1) In general.--The amount of financial assistance 
        provided by the Under Secretary under an MBDA Business Center 
        agreement shall be not less than $250,000 for the term of the 
        agreement.
            (2) 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 the terms of the applicable MBDA 
                Business Center agreement, unless the Under Secretary 
                determines that a waiver of that requirement is 
                necessary after a demonstration by the Center of a 
                substantial need for that waiver.
                    (B) Form of funds.--A Center may meet the matching 
                requirement under subparagraph (A) by using--
                            (i) cash or in-kind contributions, without 
                        regard to whether the contribution is made by a 
                        third party; or
                            (ii) Federal funds received from other 
                        Federal programs.
            (3) Use of financial assistance and program income.--A 
        Center shall use--
                    (A) all financial assistance awarded to the Center 
                under the applicable MBDA Business Center agreement to 
                carry out subsection (a); and
                    (B) all income that the Center generates in 
                carrying out subsection (a)--
                            (i) to meet the matching requirement under 
                        paragraph (2) of this subsection; and
                            (ii) if the Center meets the matching 
                        requirement under paragraph (2) of this 
                        subsection, to carry out subsection (a).
    (d) Criteria for Selection.--The Under Secretary shall--
            (1) establish criteria that--
                    (A) the Under Secretary shall use in determining 
                whether to enter into an MBDA Business Center agreement 
                with an eligible entity; and
                    (B) 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 
                        or economically disadvantaged individuals, as 
                        determined in accordance with data collected by 
                        the Bureau of the Census;
                            (ii) a federally recognized area of 
                        economic distress; or
                            (iii) a State that is underserved with 
                        respect to the MBDA Business Center Program, as 
                        defined by the Under Secretary; 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 Notice of Funding Opportunity 
                soliciting MBDA Business Center agreements.
    (e) Applications.--An eligible entity desiring to enter into an 
MBDA Business Center agreement shall submit to the Under Secretary an 
application that includes--
            (1) a statement of--
                    (A) how the eligible entity will carry out 
                subsection (a); and
                    (B) any experience or plans of the eligible entity 
                with respect to--
                            (i) assisting minority business enterprises 
                        to--
                                    (I) obtain--
                                            (aa) large-scale contracts, 
                                        grants, or procurements;
                                            (bb) financing; or
                                            (cc) legal assistance;
                                    (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;
                            (ii) supporting minority business 
                        enterprises in increasing the size of the 
                        workforces of those enterprises, including, 
                        with respect to a minority business enterprise 
                        that does not have employees, aiding the 
                        minority business enterprise in becoming an 
                        enterprise that has employees; and
                            (iii) advocating for minority business 
                        enterprises; and
            (2) the budget and corresponding budget narrative that the 
        eligible entity will use in carrying out subsection (a) during 
        the term of the applicable MBDA Business Center agreement.
    (f) Notification.--If the Under Secretary grants an application of 
an eligible entity submitted under subsection (e), the Under 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 Under 
        Secretary shall conduct a programmatic financial examination of 
        each Center.
            (2) Accreditation.--The Under 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 Under Secretary may extend the 
                term under subsection (b) of an MBDA Business Center 
                agreement to which a Center is a party, if the Center 
                consents to the extension.
                    (B) Financial assistance.--If the Under Secretary 
                extends the term of an MBDA Business Center agreement 
                under paragraph (1), the Under Secretary shall, in the 
                same manner and amount in which financial assistance 
                was provided during the initial term of the agreement, 
                provide financial assistance under the agreement during 
                the extended term of the agreement.
    (h) MBDA Involvement.--The Under Secretary may take actions to 
ensure that the Agency is substantially involved in the activities of 
Centers in carrying out subsection (a), including by--
            (1) providing to each Center training relating to the MBDA 
        Business Center 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 guidance relating to carrying 
                out the requirements under subsection (a); and
                    (C) work in coordination and collaboration with the 
                Under Secretary to carry out the MBDA Business Center 
                Program and other programs of the Agency;
            (3) facilitating connections between Centers and--
                    (A) Federal agencies other than the Agency, as 
                appropriate; and
                    (B) other institutions or entities that use Federal 
                resources, such as--
                            (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 subsection (a).
    (i) Regulations.--The Under Secretary shall issue and publish 
regulations that establish minimum standards regarding verification of 
minority business enterprise status for clients of entities operating 
under the MBDA Business Center Program.

SEC. 115. MINIMIZING DISRUPTIONS TO EXISTING MBDA BUSINESS CENTER 
              PROGRAM.

    The Under Secretary shall ensure that each Federal assistance award 
made under the Business Centers program of the Agency, as 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 that award.

SEC. 116. PUBLICITY.

    In carrying out the MBDA Business Center Program, the Under 
Secretary shall widely publicize the MBDA Business Center Program, 
including--
            (1) on the website of the Agency;
            (2) via social media outlets; and
            (3) by sharing information relating to the MBDA Business 
        Center Program with community-based organizations, including 
        interpretation groups where necessary, to communicate in the 
        most common languages spoken by the groups served by those 
        organizations.

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

SEC. 201. 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 Under 
Secretary 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 Under 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, not less than 
1 certified owner of a minority business enterprise, 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 Under 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 
        Under Secretary to fulfill that request.
    (d) Transmittal of Proceedings and Findings.--The Under 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 subsection (d)(2)(C), 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. 202. 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 Under 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. 203. EDUCATIONAL DEVELOPMENT RELATING TO MANAGEMENT AND 
              ENTREPRENEURSHIP.

    (a) Duties.--The Under Secretary shall, whenever the Under 
Secretary determines such action is necessary or appropriate--
            (1) promote the education and training of socially or 
        economically disadvantaged individuals in subjects directly 
        relating to business administration and management;
            (2) encourage institutions of higher education, leaders in 
        business and industry, and other public sector entities 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 or economically disadvantaged 
                individuals; and
                    (B) sponsor seminars, conferences, and similar 
                activities relating to business for the benefit of 
                socially or economically 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 Under Secretary shall award grants to 
        eligible institutions to develop and implement entrepreneurship 
        curricula.
            (3) Requirements.--An eligible institution to which a grant 
        is 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 and succession planning;
                            (vii) marketing; and
                            (viii) 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 Under Secretary shall 
        establish and publish a timeline under which an eligible 
        institution to which a grant is awarded under this section 
        shall carry out the requirements under paragraph (3).
            (5) Reports.--Each year, the Under Secretary shall submit 
        to all applicable committees of Congress, and 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 III--RURAL MINORITY BUSINESS CENTER PROGRAM

SEC. 301. DEFINITIONS.

    In this title:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Financial Services of the 
                House of Representatives.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a part B institution; or
                    (B) a consortium of institutions of higher 
                education that is led by a part B institution.
            (3) MBDA rural business center.--The term ``MBDA Rural 
        Business Center'' means an MBDA Business Center that provides 
        technical business assistance to minority business enterprises 
        located in rural areas.
            (4) MBDA rural business center agreement.--The term ``MBDA 
        Rural Business Center agreement'' means an MBDA Business Center 
        agreement that establishes the terms by which the recipient of 
        the Federal assistance award that is the subject of the 
        agreement shall operate an MBDA Rural Business Center.
            (5) Part b institution.--The term ``part B institution'' 
        has the meaning given the term in section 322 of the Higher 
        Education Act of 1965 (20 U.S.C. 1061).
            (6) Rural area.--The term ``rural area'' has the meaning 
        given the term in section 343(a) of the Consolidated Farm and 
        Rural Development Act (7 U.S.C. 1991(a)).
            (7) Rural minority business enterprise.--The term ``rural 
        minority business enterprise'' means a minority business 
        enterprise located in a rural area.

SEC. 302. BUSINESS CENTERS.

    (a) In General.--The Under Secretary may establish MBDA Rural 
Business Centers.
    (b) Partnership.--
            (1) In general.--With respect to an MBDA Rural Business 
        Center established by the Under Secretary, the Under Secretary 
        shall establish the MBDA Rural Business Center in partnership 
        with an eligible entity in accordance with paragraph (2).
            (2) MBDA agreement.--
                    (A) In general.--With respect to each MBDA Rural 
                Business Center established by the Under Secretary, the 
                Under Secretary shall enter into a cooperative 
                agreement with an eligible entity that provides that--
                            (i) the eligible entity shall provide 
                        space, facilities, and staffing for the MBDA 
                        Rural Business Center;
                            (ii) the Under Secretary shall provide 
                        funding for, and oversight with respect to, the 
                        MBDA Rural Business Center; and
                            (iii) subject to subparagraph (B), the 
                        eligible entity shall match 20 percent of the 
                        amount of the funding provided by the Under 
                        Secretary under clause (ii), which may be 
                        calculated to include the costs of providing 
                        the space, facilities, and staffing under 
                        clause (i).
                    (B) Lower match requirement.--Based on the 
                available resources of an eligible entity, the Under 
                Secretary may enter into a cooperative agreement with 
                the eligible entity that provides that--
                            (i) the eligible entity shall match less 
                        than 20 percent of the amount of the funding 
                        provided by the Under Secretary under 
                        subparagraph (A)(ii); or
                            (ii) if the Under Secretary makes a 
                        determination, upon a demonstration by the 
                        eligible entity of substantial need, the 
                        eligible entity shall not be required to 
                        provide any match with respect to the funding 
                        provided by the Under Secretary under 
                        subparagraph (A)(ii).
                    (C) Eligible funds.--An eligible entity may provide 
                matching funds required under an MBDA Rural Business 
                Center agreement with Federal funds received from other 
                Federal programs.
            (3) Term.--The initial term of an MBDA Rural Business 
        Center agreement shall be not less than 3 years.
            (4) Extension.--The Under Secretary and an eligible entity 
        may agree to extend the term of an MBDA Rural Business Center 
        agreement with respect to an MBDA Rural Business Center.
    (c) Functions.--An MBDA Rural Business Center shall--
            (1) primarily serve clients that are--
                    (A) rural minority business enterprises; or
                    (B) minority business enterprises that are located 
                more than 50 miles from an MBDA Business Center (other 
                than that MBDA Rural Business Center);
            (2) focus on--
                    (A) issues relating to--
                            (i) the adoption of broadband internet 
                        access service (as defined in section 8.1(b) of 
                        title 47, Code of Federal Regulations, or any 
                        successor regulation), digital literacy skills, 
                        and e-commerce by rural minority business 
                        enterprises;
                            (ii) advanced manufacturing;
                            (iii) the promotion of manufacturing in the 
                        United States;
                            (iv) ways in which rural minority business 
                        enterprises can meet gaps in the supply chain 
                        of critical supplies and essential goods and 
                        services for the United States;
                            (v) improving the connectivity of rural 
                        minority business enterprises through 
                        transportation and logistics;
                            (vi) promoting trade and export 
                        opportunities by rural minority business 
                        enterprises;
                            (vii) securing financial capital;
                            (viii) facilitating entrepreneurship in 
                        rural areas; and
                            (ix) creating jobs in rural areas; and
                    (B) any other issue relating to the unique 
                challenges faced by rural minority business 
                enterprises; and
            (3) provide education, training, and legal, financial, and 
        technical assistance to minority business enterprises.
    (d) Applications.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Under Secretary shall issue a Notice 
        of Funding Opportunity requesting applications from eligible 
        entities that desire to enter into MBDA Rural Business Center 
        agreements.
            (2) Criteria and priority.--In selecting an eligible entity 
        with which to enter into an MBDA Rural Business Center 
        agreement, the Under Secretary shall--
                    (A) select an eligible entity that demonstrates--
                            (i) the ability to collaborate with 
                        governmental and private sector entities to 
                        leverage capabilities of minority business 
                        enterprises through public-private 
                        partnerships;
                            (ii) the research and extension capacity to 
                        support minority business enterprises;
                            (iii) knowledge of the community that the 
                        eligible entity serves and the ability to 
                        conduct effective outreach to that community to 
                        advance the goals of an MBDA Rural Business 
                        Center;
                            (iv) the ability to provide innovative 
                        business solutions, including access to 
                        contracting opportunities, markets, and 
                        capital;
                            (v) the ability to provide services that 
                        advance the development of science, technology, 
                        engineering, and math jobs within minority 
                        business enterprises;
                            (vi) the ability to leverage resources from 
                        within the eligible entity to advance an MBDA 
                        Rural Business Center;
                            (vii) that the mission of the eligible 
                        entity aligns with the mission of the Agency;
                            (viii) the ability to leverage 
                        relationships with rural minority business 
                        enterprises; and
                            (ix) a referral relationship with not less 
                        than 1 community-based organization; and
                    (B) give priority to an eligible entity located in 
                a State or region that--
                            (i) lacks an MBDA Business Center, as of 
                        the date of enactment of this Act; or
                            (ii) has a significant population of 
                        socially or economically disadvantaged 
                        individuals.

SEC. 303. REPORT TO CONGRESS.

    Not later than 1 year after the date of enactment of this Act, the 
Under Secretary shall submit to the appropriate congressional 
committees a report that includes--
            (1) a summary of the efforts of the Under Secretary to 
        provide services to minority business enterprises located in 
        States that lack an MBDA Business Center, as of the date of 
        enactment of this Act, and especially in those States that have 
        significant minority populations; and
            (2) recommendations for extending the outreach of the 
        Agency to underserved areas.

SEC. 304. STUDY AND REPORT.

    (a) In General.--The Under Secretary, in coordination with relevant 
leadership of the Agency and relevant individuals outside of the 
Department of Commerce, shall conduct a study that addresses the ways 
in which minority business enterprises can meet gaps in the supply 
chain of the United States, with a particular focus on the supply chain 
of advanced manufacturing and essential goods and services.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Under Secretary shall submit to the appropriate 
congressional committees a report that includes the results of the 
study conducted under subsection (a), which shall include 
recommendations regarding the ways in which minority business 
enterprises can meet gaps in the supply chain of the United States.

             TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTS

SEC. 401. GRANTS TO NONPROFIT ORGANIZATIONS THAT SUPPORT MINORITY 
              BUSINESS ENTERPRISES.

    (a) Definition.--In this section, the term ``covered entity'' means 
a private nonprofit organization that--
            (1) is described in paragraph (3), (4), (5), or (6) of 
        section 501(c) of the Internal Revenue Code of 1986 and exempt 
        from tax under section 501(a) of such Code; and
            (2) can demonstrate that a primary activity of the 
        organization is to provide services to minority business 
        enterprises, whether through education, making grants or loans, 
        or other similar activities.
    (b) Purpose.--The purpose of this section is to make grants to 
covered entities to help those covered entities continue the necessary 
work of supporting minority business enterprises.
    (c) Establishment of Office.--Not later than 180 days after the 
date of enactment of this Act, the Under Secretary shall establish 
within the Agency an office that has adequate staffing to make and 
administer grants under this section.
    (d) Application.--A covered entity desiring a grant under this 
section shall submit to the Under Secretary an application at such 
time, in such manner, and containing such information as the Under 
Secretary may require.
    (e) Priority.--The Under Secretary shall, in carrying out this 
section, prioritize granting an application submitted by a covered 
entity that is located in a federally recognized area of economic 
distress.
    (f) Use of Funds.--A covered entity to which a grant is made under 
this section may use the grant funds to support the development, 
growth, or retention of minority business enterprises.
    (g) Procedures.--The Under Secretary shall establish procedures 
to--
            (1) discourage and prevent waste, fraud, and abuse by 
        applicants for, and recipients of, grants made under this 
        section; and
            (2) ensure that grants are made under this section to a 
        diverse array of covered entities, including--
                    (A) covered entities with a national presence;
                    (B) community-based covered entities;
                    (C) covered entities with annual budgets below 
                $1,000,000; and
                    (D) covered entities that principally serve low-
                income and rural communities.
    (h) Inspector General Audit.--Not later than 180 days after the 
date on which the Under Secretary begins making grants under this 
section, the Inspector General of the Department of Commerce shall--
            (1) conduct an audit of grants made under this section, 
        which shall seek to identify any discrepancies or 
        irregularities with respect to those grants; and
            (2) submit to Congress a report regarding the audit 
        conducted under paragraph (1).
    (i) Updates to Congress.--Not later than 90 days after the date on 
which the Under Secretary establishes the office described in 
subsection (c), and once every 30 days thereafter, the Under Secretary 
shall submit to Congress a report that contains--
            (1) the number of grants made under this section during the 
        period covered by the report; and
            (2) with respect to the grants described in paragraph (1)--
                    (A) the geographic distribution of those grants by 
                State and county;
                    (B) if applicable, demographic information with 
                respect to the minority business enterprises served by 
                the covered entities to which the grants were made; and
                    (C) information regarding the industries of the 
                minority business enterprises served by the covered 
                entities to which the grants were made.

        TITLE V--MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL

SEC. 501. PURPOSE.

    The Under Secretary shall establish the Minority Business 
Enterprises Advisory Council (referred to in this title as the 
``Council'') to advise and assist the Agency.

SEC. 502. COMPOSITION AND TERM.

    (a) Composition.--The Council shall be composed of 9 members of the 
private sector and 1 representative from each of not fewer than 10 
Federal agencies that support or otherwise have duties that relate to 
business formation, including duties relating to labor development, 
monetary policy, national security, energy, agriculture, 
transportation, and housing.
    (b) Chair.--The Under Secretary shall designate 1 of the private 
sector members of the Council as the Chair of the Council for a 1-year 
term.
    (c) Term.--The Council shall meet at the request of the Under 
Secretary and members shall serve for a term of 2 years. Members of the 
Council may be reappointed.

SEC. 503. DUTIES.

    (a) In General.--The Council shall provide advice to the Under 
Secretary by--
            (1) serving as a source of knowledge and information on 
        developments in areas of the economic and social life of the 
        United States that affect socially or economically 
        disadvantaged business concerns;
            (2) providing the Under Secretary with information 
        regarding plans, programs, and activities in the public and 
        private sectors that relate to socially or economically 
        disadvantaged business concerns; and
            (3) advising the Under Secretary regarding--
                    (A) any measures to better achieve the objectives 
                of this Act; and
                    (B) problems and matters the Under Secretary refers 
                to the Council.
    (b) Capacity.--Members of the Council shall not be compensated for 
service on the Council but may be allowed travel expenses, including 
per diem in lieu of subsistence, in accordance with subchapter I of 
chapter 57 of title 5, United States Code.
    (c) Termination.--Notwithstanding section 14 of the Federal 
Advisory Committee Act (5 U.S.C. App.), the Council shall terminate on 
the date that is 5 years after the date of enactment of this Act.

      TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS

SEC. 601. GENERAL DUTIES.

    The Under Secretary may coordinate, as consistent with law, the 
plans, programs, and operations of the Federal Government that affect, 
or may contribute to, the establishment, preservation, and 
strengthening of socially or economically disadvantaged business 
concerns.

SEC. 602. PARTICIPATION OF FEDERAL DEPARTMENTS AND AGENCIES.

    The Under Secretary shall--
            (1) consult with other Federal departments and agencies as 
        appropriate to--
                    (A) develop policies, comprehensive plans, and 
                specific program goals for the programs carried out 
                under subtitle B of title I and title III;
                    (B) establish regular performance monitoring and 
                reporting systems to ensure that goals established by 
                the Under Secretary with respect to the implementation 
                of this Act are being achieved; and
                    (C) evaluate the impact of Federal support of 
                socially or economically disadvantaged business 
                concerns in achieving the objectives of this Act;
            (2) conduct a coordinated review of all proposed Federal 
        training and technical assistance activities in direct support 
        of the programs carried out under subtitle B of title I and 
        title III to ensure consistency with program goals and to avoid 
        duplication; and
            (3) convene, for purposes of coordination, meetings of the 
        heads of such departments and agencies, or their designees, the 
        programs and activities of which may affect or contribute to 
        the carrying out of this Act.

     TITLE VII--ADMINISTRATIVE POWERS OF THE AGENCY; MISCELLANEOUS 
                               PROVISIONS

SEC. 701. ADMINISTRATIVE POWERS.

    (a) In General.--In carrying out this Act, the Under 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 
        Under Secretary may determine to be necessary or appropriate to 
        carry out this Act;
            (3) acquire, in any lawful manner, any property that the 
        Under Secretary determines to be necessary or appropriate to 
        carry out this Act;
            (4) 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; and
            (5) coordinate with the heads of the Offices of Small and 
        Disadvantaged Business Utilization of Federal agencies.
    (b) Use of Property.--
            (1) In general.--Subject to paragraph (2), in carrying out 
        this Act, 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 Act.
            (2) Terms, conditions, reservations, and restrictions.--The 
        Under Secretary may impose reasonable terms, conditions, 
        reservations, and restrictions upon the use of any property 
        under paragraph (1).

SEC. 702. FEDERAL ASSISTANCE.

    (a) In General.--
            (1) Provision of federal assistance.--To carry out sections 
        101, 102, and 103(a), the Under Secretary may provide Federal 
        assistance to public sector entities and private sector 
        entities in the form of grants or cooperative agreements.
            (2) Notice.--Not later than 120 days after the date on 
        which amounts are appropriated to carry out this section, the 
        Under Secretary shall, in accordance with subsection (b), 
        broadly publish a statement regarding Federal assistance that 
        will, or may, be provided under paragraph (1) during the fiscal 
        year for which those amounts are appropriated, including--
                    (A) the actual, or anticipated, amount of Federal 
                assistance that will, or may, be made available;
                    (B) the types of Federal assistance that will, or 
                may, be made available;
                    (C) the manner in which Federal assistance will be 
                allocated among public sector entities and private 
                sector entities, as applicable; and
                    (D) the methodology used by the Under Secretary to 
                make allocations under subparagraph (C).
            (3) Consultation.--The Under Secretary shall consult with 
        public sector entities and private sector entities, as 
        applicable, in deciding the amounts and types of Federal 
        assistance to make available under paragraph (1).
    (b) Publicity.--In carrying out this section, the Under Secretary 
shall broadly publicize all opportunities for Federal assistance 
available under this section, including through the means required 
under section 116.

SEC. 703. RECORDKEEPING.

    (a) In General.--Each recipient of assistance under this Act shall 
keep such records as the Under 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 record that will facilitate an effective 
        audit with respect to the assistance.
    (b) Access by Government Officials.--The Under 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 the Agency or an MBDA Business Center.

SEC. 704. 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. 705. BIANNUAL REPORTS; RECOMMENDATIONS.

    (a) Biannual Report.--Not later than 1 year after the date of 
enactment of this Act, and 90 days after the last day of each odd-
numbered year thereafter, the Under 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 period covered by the 
report.
    (b) Recommendations.--The Under Secretary shall periodically submit 
to Congress and the President recommendations for legislation or other 
actions that the Under Secretary determines to be necessary or 
appropriate to promote the purposes of this Act.

SEC. 706. 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. 707. 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. 708. 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 Under Secretary of Commerce for Minority Business 
        Development.''.

SEC. 709. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Under Secretary 
$100,000,000 for each of fiscal years 2021 through 2025 to carry out 
this Act, of which--
            (1) a majority shall be used in each such fiscal year to 
        carry out the MBDA Business Center Program under subtitle B of 
        title I, including the component of that program relating to 
        specialty centers; and
            (2) $10,000,000 shall be used in each such fiscal year to 
        carry out title III.
                                 <all>