[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2068 Reported in Senate (RS)]
<DOC>
Calendar No. 228
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, Mr.
Wicker, Ms. Baldwin, and Mr. Cornyn) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
December 17, 2021
Reported by Ms. Cantwell, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Minority
Business Development Act of 2021''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings and purposes.
<DELETED>Sec. 3. Definitions.
<DELETED>Sec. 4. Minority Business Development Agency.
<DELETED>TITLE I--EXISTING INITIATIVES
<DELETED>Subtitle A--Market Development, Research, and Information
<DELETED>Sec. 101. Private sector development.
<DELETED>Sec. 102. Public sector development.
<DELETED>Sec. 103. Research and information.
<DELETED>Subtitle B--Minority Business Development Agency Business
Center Program
<DELETED>Sec. 111. Definition.
<DELETED>Sec. 112. Purpose.
<DELETED>Sec. 113. Establishment.
<DELETED>Sec. 114. Grants and cooperative agreements.
<DELETED>Sec. 115. Minimizing disruptions to existing MBDA Business
Center program.
<DELETED>Sec. 116. Publicity.
<DELETED>TITLE II--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR
MINORITY BUSINESSES
<DELETED>Sec. 201. Annual diverse business forum on capital formation.
<DELETED>Sec. 202. Agency study on alternative financing solutions.
<DELETED>Sec. 203. Educational development relating to management and
entrepreneurship.
<DELETED>TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAM
<DELETED>Sec. 301. Definitions.
<DELETED>Sec. 302. Business centers.
<DELETED>Sec. 303. Report to Congress.
<DELETED>Sec. 304. Study and report.
<DELETED>TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTS
<DELETED>Sec. 401. Grants to nonprofit organizations that support
minority business enterprises.
<DELETED>TITLE V--MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL
<DELETED>Sec. 501. Purpose.
<DELETED>Sec. 502. Composition and term.
<DELETED>Sec. 503. Duties.
<DELETED>TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS
<DELETED>Sec. 601. General duties.
<DELETED>Sec. 602. Participation of Federal departments and agencies.
<DELETED>TITLE VII--ADMINISTRATIVE POWERS OF THE AGENCY; MISCELLANEOUS
PROVISIONS
<DELETED>Sec. 701. Administrative powers.
<DELETED>Sec. 702. Federal assistance.
<DELETED>Sec. 703. Recordkeeping.
<DELETED>Sec. 704. Review and report by Comptroller General.
<DELETED>Sec. 705. Biannual reports; recommendations.
<DELETED>Sec. 706. Separability.
<DELETED>Sec. 707. Executive Order 11625.
<DELETED>Sec. 708. Amendment to the Federal Acquisition Streamlining
Act of 1994.
<DELETED>Sec. 709. Authorization of appropriations.
<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>
<DELETED> (a) Findings.--Congress finds the following:</DELETED>
<DELETED> (1) During times of economic downturn or
recession, communities of color, and businesses within those
communities, are generally more adversely affected.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) according to the Kauffman Foundation--
</DELETED>
<DELETED> (i) minority business enterprises
are \1/2\ as likely to employ individuals, as
compared with non-minority business
enterprises; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) Black or African American;</DELETED>
<DELETED> (B) Hispanic or Latino;</DELETED>
<DELETED> (C) American Indian or Alaska
Native;</DELETED>
<DELETED> (D) Asian; and</DELETED>
<DELETED> (E) Native Hawaiian or other Pacific
Islander.</DELETED>
<DELETED> (5) Discriminatory practices and similar
circumstances described in paragraph (4) are a significant
determinant of overall economic disadvantage in the United
States.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the unique needs of minority business
enterprises; and</DELETED>
<DELETED> (B) enhancing the capacity of minority
business enterprises.</DELETED>
<DELETED> (b) Purposes.--The purposes of this Act are to--</DELETED>
<DELETED> (1) require the Agency to promote and administer
programs in the public and private sectors to assist the
development of minority business enterprises; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Agency.--The term ``Agency'' means the
Minority Business Development Agency of the Department of
Commerce.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (3) Eligible entity.--Except as otherwise
expressly provided, the term ``eligible entity''--</DELETED>
<DELETED> (A) means--</DELETED>
<DELETED> (i) a private sector
entity;</DELETED>
<DELETED> (ii) a public sector entity;
or</DELETED>
<DELETED> (iii) a Tribal government;
and</DELETED>
<DELETED> (B) includes an institution of higher
education.</DELETED>
<DELETED> (4) Federal agency.--The term ``Federal agency''
has the meaning given the term ``agency'' in section 551 of
title 5, United States Code.</DELETED>
<DELETED> (5) Federally recognized area of economic
distress.--The term ``federally recognized area of economic
distress'' means--</DELETED>
<DELETED> (A) a HUBZone, as that term is defined in
section 31(b) of the Small Business Act (15 U.S.C.
657a(b));</DELETED>
<DELETED> (B) an area that--</DELETED>
<DELETED> (i) has been designated as--
</DELETED>
<DELETED> (I) an empowerment zone
under section 1391 of the Internal
Revenue Code of 1986; or</DELETED>
<DELETED> (II) a Promise Zone by the
Secretary of Housing and Urban
Development; or</DELETED>
<DELETED> (ii) is a low or moderate income
area, as determined by the Department of
Housing and Urban Development;</DELETED>
<DELETED> (C) a qualified opportunity zone, as that
term is defined in section 1400Z-1 of the Internal
Revenue Code of 1986; or</DELETED>
<DELETED> (D) any other political subdivision or
unincorporated area of a State determined by the Under
Secretary to be an area of economic distress.</DELETED>
<DELETED> (6) Indian tribe.--The term ``Indian Tribe''--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) includes a Native Hawaiian
organization.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (8) MBDA business center.--The term ``MBDA
Business Center'' means any business center that--</DELETED>
<DELETED> (A) is established by the Agency;
and</DELETED>
<DELETED> (B) provides technical business assistance
to minority business enterprises consistent with the
requirements of this Act.</DELETED>
<DELETED> (9) MBDA business center agreement.--The term
``MBDA Business Center agreement'' means a legal instrument--
</DELETED>
<DELETED> (A) reflecting a relationship between the
Agency and the recipient of a Federal assistance award
that is the subject of the instrument; and</DELETED>
<DELETED> (B) that establishes the terms by which
the recipient described in subparagraph (A) shall
operate an MBDA Business Center.</DELETED>
<DELETED> (10) Minority business enterprise.--</DELETED>
<DELETED> (A) In general.--The term ``minority
business enterprise'' means a business enterprise--
</DELETED>
<DELETED> (i) that is not less than 51
percent-owned by 1 or more socially or
economically disadvantaged individuals;
and</DELETED>
<DELETED> (ii) the management and daily
business operations of which are controlled by
1 or more socially or economically
disadvantaged individuals.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (i) the status of the business
enterprise as a for-profit or not-for-profit
enterprise; or</DELETED>
<DELETED> (ii) the annual revenue of the
business enterprise.</DELETED>
<DELETED> (11) Private sector entity.--The term ``private
sector entity''--</DELETED>
<DELETED> (A) means an entity that is not a public
sector entity; and</DELETED>
<DELETED> (B) does not include--</DELETED>
<DELETED> (i) the Federal
Government;</DELETED>
<DELETED> (ii) any Federal agency;
or</DELETED>
<DELETED> (iii) any instrumentality of the
Federal Government.</DELETED>
<DELETED> (12) Public sector entity.--The term ``public
sector entity'' means--</DELETED>
<DELETED> (A) a State;</DELETED>
<DELETED> (B) an agency of a State;</DELETED>
<DELETED> (C) a political subdivision of a State;
or</DELETED>
<DELETED> (D) an agency of a political subdivision
of a State.</DELETED>
<DELETED> (13) Secretary.--The term ``Secretary'' means the
Secretary of Commerce.</DELETED>
<DELETED> (14) Socially or economically disadvantaged
business concern.--The term ``socially or economically
disadvantaged business concern'' means a for-profit business
enterprise--</DELETED>
<DELETED> (A)(i) that is not less than 51 percent
owned by 1 or more socially or economically
disadvantaged individuals; or</DELETED>
<DELETED> (ii) that is socially or economically
disadvantaged; or</DELETED>
<DELETED> (B) the management and daily business
operations of which are controlled by 1 or more
socially or economically disadvantaged
individuals.</DELETED>
<DELETED> (15) Socially or economically disadvantaged
individual.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) Black or African
American;</DELETED>
<DELETED> (ii) Hispanic or Latino;</DELETED>
<DELETED> (iii) American Indian or Alaska
Native;</DELETED>
<DELETED> (iv) Asian;</DELETED>
<DELETED> (v) Native Hawaiian or other
Pacific Islander; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) capital access;</DELETED>
<DELETED> (B) Federal procurement;</DELETED>
<DELETED> (C) entrepreneurship;</DELETED>
<DELETED> (D) technology transfer; or</DELETED>
<DELETED> (E) any other area determined necessary or
appropriate based on the priorities of the
Agency.</DELETED>
<DELETED> (17) State.--The term ``State'' means--</DELETED>
<DELETED> (A) each of the States of the United
States;</DELETED>
<DELETED> (B) the District of Columbia;</DELETED>
<DELETED> (C) the Commonwealth of Puerto
Rico;</DELETED>
<DELETED> (D) the United States Virgin
Islands;</DELETED>
<DELETED> (E) Guam;</DELETED>
<DELETED> (F) American Samoa;</DELETED>
<DELETED> (G) the Commonwealth of the Northern
Mariana Islands; and</DELETED>
<DELETED> (H) each Indian Tribe.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 4. MINORITY BUSINESS DEVELOPMENT AGENCY.</DELETED>
<DELETED> (a) In General.--There is within the Department of
Commerce the Minority Business Development Agency.</DELETED>
<DELETED> (b) Under Secretary.--</DELETED>
<DELETED> (1) Appointment and duties.--The Agency shall be
headed by the Under Secretary of Commerce for Minority Business
Development, who shall--</DELETED>
<DELETED> (A) be appointed by the President, by and
with the advice and consent of the Senate;</DELETED>
<DELETED> (B) except as otherwise expressly
provided, be responsible for the administration of this
Act; and</DELETED>
<DELETED> (C) report directly to the
Secretary.</DELETED>
<DELETED> (2) Compensation.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the organizational structure of the
Agency;</DELETED>
<DELETED> (2) the organizational position of the Agency
within the Department of Commerce; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Office of Business Centers.--</DELETED>
<DELETED> (1) Establishment.--There is established within
the Agency the Office of Business Centers.</DELETED>
<DELETED> (2) Director.--The Office of Business Centers
shall be administered by a Director, who shall be appointed by
the Under Secretary.</DELETED>
<DELETED> (e) Offices of the Agency.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Regional offices.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) understanding and
participating in the business environment of
that region;</DELETED>
<DELETED> (ii) working with--</DELETED>
<DELETED> (I) MBDA Business Centers
that are located in that
region;</DELETED>
<DELETED> (II) resource and lending
partners of other appropriate Federal
agencies that are located in that
region; and</DELETED>
<DELETED> (III) Federal, State, and
local procurement offices that are
located in that region;</DELETED>
<DELETED> (iii) being aware of business
retention or expansion programs that are
specific to that region;</DELETED>
<DELETED> (iv) seeking out opportunities to
collaborate with regional public and private
programs that focus on minority business
enterprises; and</DELETED>
<DELETED> (v) promoting business continuity
and preparedness.</DELETED>
<DELETED>TITLE I--EXISTING INITIATIVES</DELETED>
<DELETED>Subtitle A--Market Development, Research, and
Information</DELETED>
<DELETED>SEC. 101. PRIVATE SECTOR DEVELOPMENT.</DELETED>
<DELETED> The Under Secretary shall, whenever the Under Secretary
determines such action is necessary or appropriate--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) resources relating to
management;</DELETED>
<DELETED> (B) technological and technical
assistance;</DELETED>
<DELETED> (C) financial, legal, and marketing
services; and</DELETED>
<DELETED> (D) services relating to workforce
development;</DELETED>
<DELETED> (2) encourage minority business enterprises to
establish joint ventures and projects--</DELETED>
<DELETED> (A) with other minority business
enterprises; or</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) facilitate the efforts of private sector
entities and Federal agencies to advance the growth of minority
business enterprises.</DELETED>
<DELETED>SEC. 102. PUBLIC SECTOR DEVELOPMENT.</DELETED>
<DELETED> The Under Secretary shall, whenever the Under Secretary
determines such action is necessary or appropriate--</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (A) programs to procure goods and services
through minority business enterprises and goals for
that procurement;</DELETED>
<DELETED> (B) programs offering assistance relating
to--</DELETED>
<DELETED> (i) management;</DELETED>
<DELETED> (ii) technology;</DELETED>
<DELETED> (iii) law;</DELETED>
<DELETED> (iv) financing, including
accounting;</DELETED>
<DELETED> (v) marketing; and</DELETED>
<DELETED> (vi) workforce development;
and</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) facilitate the efforts of public sector
entities and Federal agencies to advance the growth of minority
business enterprises.</DELETED>
<DELETED>SEC. 103. RESEARCH AND INFORMATION.</DELETED>
<DELETED> (a) In General.--In order to achieve the purposes of this
Act, the Under Secretary--</DELETED>
<DELETED> (1) shall--</DELETED>
<DELETED> (A) collect and analyze data, including
data relating to the causes of the success or failure
of minority business enterprises;</DELETED>
<DELETED> (B) conduct research, studies, and surveys
of--</DELETED>
<DELETED> (i) economic conditions generally
in the United States; and</DELETED>
<DELETED> (ii) how the conditions described
in clause (i) particularly affect the
development of minority business enterprises;
and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) may perform an evaluation of programs carried
out by the Under Secretary that are designed to assist the
development of minority business enterprises.</DELETED>
<DELETED> (b) Information Clearinghouse.--The Under Secretary
shall--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) take such steps as the Under Secretary may
determine to be necessary and desirable to--</DELETED>
<DELETED> (A) search for, collect, classify,
coordinate, integrate, record, and catalog the data
described in paragraph (1); and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>Subtitle B--Minority Business Development Agency Business
Center Program</DELETED>
<DELETED>SEC. 111. DEFINITION.</DELETED>
<DELETED> In this subtitle, the term ``MBDA Business Center
Program'' means the program established under section 113.</DELETED>
<DELETED>SEC. 112. PURPOSE.</DELETED>
<DELETED> The purpose of the MBDA Business Center Program shall be
to create a national network of public-private partnerships that--
</DELETED>
<DELETED> (1) assist minority business enterprises to--
</DELETED>
<DELETED> (A) access capital, contracts, and grants;
and</DELETED>
<DELETED> (B) create and maintain jobs;</DELETED>
<DELETED> (2) provide counseling and mentoring to minority
business enterprises; and</DELETED>
<DELETED> (3) facilitate the growth of minority business
enterprises by promoting trade.</DELETED>
<DELETED>SEC. 113. ESTABLISHMENT.</DELETED>
<DELETED> (a) In General.--There is established in the Agency a
program--</DELETED>
<DELETED> (1) that shall be known as the MBDA Business
Center Program;</DELETED>
<DELETED> (2) that shall be separate and distinct from the
efforts of the Under Secretary under section 101; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 114. GRANTS AND COOPERATIVE AGREEMENTS.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) shall--</DELETED>
<DELETED> (A) provide to minority business
enterprises programs and services determined to be
appropriate by the Under Secretary, which may include--
</DELETED>
<DELETED> (i) referral services to meet the
needs of minority business enterprises;
and</DELETED>
<DELETED> (ii) programs and services to
accomplish the goals described in section
101(1);</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (D) establish or continue a referral
relationship with not less than 1 community-based
organization; and</DELETED>
<DELETED> (E) collaborate with other Centers;
and</DELETED>
<DELETED> (2) in providing programs and services under the
applicable MBDA Business Center agreement, may--</DELETED>
<DELETED> (A) operate on a fee-for-service basis;
or</DELETED>
<DELETED> (B) generate income through the collection
of--</DELETED>
<DELETED> (i) client fees;</DELETED>
<DELETED> (ii) membership fees;
and</DELETED>
<DELETED> (iii) any other appropriate fees
proposed by the Center in the application
submitted by the Center under subsection
(e).</DELETED>
<DELETED> (b) Term.--Subject to subsection (g)(3), the term of an
MBDA Business Center agreement shall be not less than 3
years.</DELETED>
<DELETED> (c) Financial Assistance.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Matching requirement.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Form of funds.--A Center may meet the
matching requirement under subparagraph (A) by using--
</DELETED>
<DELETED> (i) cash or in-kind contributions,
without regard to whether the contribution is
made by a third party; or</DELETED>
<DELETED> (ii) Federal funds received from
other Federal programs.</DELETED>
<DELETED> (3) Use of financial assistance and program
income.--A Center shall use--</DELETED>
<DELETED> (A) all financial assistance awarded to
the Center under the applicable MBDA Business Center
agreement to carry out subsection (a); and</DELETED>
<DELETED> (B) all income that the Center generates
in carrying out subsection (a)--</DELETED>
<DELETED> (i) to meet the matching
requirement under paragraph (2) of this
subsection; and</DELETED>
<DELETED> (ii) if the Center meets the
matching requirement under paragraph (2) of
this subsection, to carry out subsection
(a).</DELETED>
<DELETED> (d) Criteria for Selection.--The Under Secretary shall--
</DELETED>
<DELETED> (1) establish criteria that--</DELETED>
<DELETED> (A) the Under Secretary shall use in
determining whether to enter into an MBDA Business
Center agreement with an eligible entity; and</DELETED>
<DELETED> (B) may include criteria relating to
whether an eligible entity is located in--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (ii) a federally recognized area
of economic distress; or</DELETED>
<DELETED> (iii) a State that is underserved
with respect to the MBDA Business Center
Program, as defined by the Under Secretary;
and</DELETED>
<DELETED> (2) make the criteria and standards established
under paragraph (1) publicly available, including--</DELETED>
<DELETED> (A) on the website of the Agency;
and</DELETED>
<DELETED> (B) in each Notice of Funding Opportunity
soliciting MBDA Business Center agreements.</DELETED>
<DELETED> (e) Applications.--An eligible entity desiring to enter
into an MBDA Business Center agreement shall submit to the Under
Secretary an application that includes--</DELETED>
<DELETED> (1) a statement of--</DELETED>
<DELETED> (A) how the eligible entity will carry out
subsection (a); and</DELETED>
<DELETED> (B) any experience or plans of the
eligible entity with respect to--</DELETED>
<DELETED> (i) assisting minority business
enterprises to--</DELETED>
<DELETED> (I) obtain--</DELETED>
<DELETED> (aa) large-scale
contracts, grants, or
procurements;</DELETED>
<DELETED> (bb) financing;
or</DELETED>
<DELETED> (cc) legal
assistance;</DELETED>
<DELETED> (II) access established
supply chains; and</DELETED>
<DELETED> (III) engage in--
</DELETED>
<DELETED> (aa) joint
ventures, teaming arrangements,
and mergers and acquisitions;
or</DELETED>
<DELETED> (bb) large-scale
transactions in global
markets;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (iii) advocating for minority
business enterprises; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (g) Program Examination; Accreditation; Extensions.--
</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) pursue matters of common concern with
respect to Centers; and</DELETED>
<DELETED> (B) develop an accreditation program with
respect to Centers.</DELETED>
<DELETED> (3) Extensions.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (1) providing to each Center training relating to
the MBDA Business Center Program;</DELETED>
<DELETED> (2) requiring that the operator and staff of each
Center--</DELETED>
<DELETED> (A) attend--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) training provided under
paragraph (1);</DELETED>
<DELETED> (B) receive necessary guidance relating to
carrying out the requirements under subsection (a);
and</DELETED>
<DELETED> (C) work in coordination and collaboration
with the Under Secretary to carry out the MBDA Business
Center Program and other programs of the
Agency;</DELETED>
<DELETED> (3) facilitating connections between Centers and--
</DELETED>
<DELETED> (A) Federal agencies other than the
Agency, as appropriate; and</DELETED>
<DELETED> (B) other institutions or entities that
use Federal resources, such as--</DELETED>
<DELETED> (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));</DELETED>
<DELETED> (ii) women's business centers
described in section 29 of the Small Business
Act (15 U.S.C. 656);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (4) monitoring projects carried out by each
Center; and</DELETED>
<DELETED> (5) establishing and enforcing administrative and
reporting requirements for each Center to carry out subsection
(a).</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 115. MINIMIZING DISRUPTIONS TO EXISTING MBDA BUSINESS
CENTER PROGRAM.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 116. PUBLICITY.</DELETED>
<DELETED> In carrying out the MBDA Business Center Program, the
Under Secretary shall widely publicize the MBDA Business Center
Program, including--</DELETED>
<DELETED> (1) on the website of the Agency;</DELETED>
<DELETED> (2) via social media outlets; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE II--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR
MINORITY BUSINESSES</DELETED>
<DELETED>SEC. 201. ANNUAL DIVERSE BUSINESS FORUM ON CAPITAL
FORMATION.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (c) Preparation of Statements and Reports.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Transmittal of Proceedings and Findings.--The Under
Secretary shall--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) transmit the summary described in paragraph
(1) with respect to each forum conducted under subsection (a)
to--</DELETED>
<DELETED> (A) the participants in the
forum;</DELETED>
<DELETED> (B) Congress; and</DELETED>
<DELETED> (C) the public, through a publicly
available website.</DELETED>
<DELETED> (e) Review of Findings and Recommendations; Public
Statements.--</DELETED>
<DELETED> (1) In general.--A Federal agency to which a
finding or recommendation described in subsection (d)(1)
relates shall--</DELETED>
<DELETED> (A) review that finding or recommendation;
and</DELETED>
<DELETED> (B) promptly after the finding or
recommendation is transmitted under subsection
(d)(2)(C), issue a public statement--</DELETED>
<DELETED> (i) assessing the finding or
recommendation; and</DELETED>
<DELETED> (ii) disclosing the action, if
any, the Federal agency intends to take with
respect to the finding or
recommendation.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 202. AGENCY STUDY ON ALTERNATIVE FINANCING
SOLUTIONS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Study and Report.--Not later than 1 year after the
date of enactment of this Act, the Under Secretary shall--</DELETED>
<DELETED> (1) conduct a study on opportunities for providing
alternative financing solutions to minority business
enterprises; and</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 203. EDUCATIONAL DEVELOPMENT RELATING TO MANAGEMENT AND
ENTREPRENEURSHIP.</DELETED>
<DELETED> (a) Duties.--The Under Secretary shall, whenever the Under
Secretary determines such action is necessary or appropriate--
</DELETED>
<DELETED> (1) promote the education and training of socially
or economically disadvantaged individuals in subjects directly
relating to business administration and management;</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) develop programs to offer scholarships
and fellowships, apprenticeships, and internships
relating to business to socially or economically
disadvantaged individuals; and</DELETED>
<DELETED> (B) sponsor seminars, conferences, and
similar activities relating to business for the benefit
of socially or economically disadvantaged
individuals;</DELETED>
<DELETED> (3) stimulate and accelerate curriculum design and
improvement in support of development of minority business
enterprises; and</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (b) Parren J. Mitchell Entrepreneurship Education
Grants.--</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (2) Grants.--The Under Secretary shall award
grants to eligible institutions to develop and implement
entrepreneurship curricula.</DELETED>
<DELETED> (3) Requirements.--An eligible institution to
which a grant is awarded under this subsection shall use the
grant funds to--</DELETED>
<DELETED> (A) develop a curriculum that includes
training in various skill sets needed by contemporary
successful entrepreneurs, including--</DELETED>
<DELETED> (i) business management and
marketing;</DELETED>
<DELETED> (ii) financial management and
accounting;</DELETED>
<DELETED> (iii) market analysis;</DELETED>
<DELETED> (iv) competitive
analysis;</DELETED>
<DELETED> (v) innovation;</DELETED>
<DELETED> (vi) strategic and succession
planning;</DELETED>
<DELETED> (vii) marketing; and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) implement the curriculum developed
under subparagraph (A) at the eligible
institution.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) a description of each curriculum
developed and implemented under each grant awarded
under this section;</DELETED>
<DELETED> (B) the date on which each grant awarded
under this section was awarded; and</DELETED>
<DELETED> (C) the number of eligible entities that
were recipients of grants awarded under this
section.</DELETED>
<DELETED>TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAM</DELETED>
<DELETED>SEC. 301. DEFINITIONS.</DELETED>
<DELETED> In this title:</DELETED>
<DELETED> (1) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Commerce, Science,
and Transportation of the Senate; and</DELETED>
<DELETED> (B) the Committee on Financial Services of
the House of Representatives.</DELETED>
<DELETED> (2) Eligible entity.--The term ``eligible entity''
means--</DELETED>
<DELETED> (A) a part B institution; or</DELETED>
<DELETED> (B) a consortium of institutions of higher
education that is led by a part B
institution.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (7) Rural minority business enterprise.--The term
``rural minority business enterprise'' means a minority
business enterprise located in a rural area.</DELETED>
<DELETED>SEC. 302. BUSINESS CENTERS.</DELETED>
<DELETED> (a) In General.--The Under Secretary may establish MBDA
Rural Business Centers.</DELETED>
<DELETED> (b) Partnership.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (2) MBDA agreement.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) the eligible entity shall
provide space, facilities, and staffing for the
MBDA Rural Business Center;</DELETED>
<DELETED> (ii) the Under Secretary shall
provide funding for, and oversight with respect
to, the MBDA Rural Business Center;
and</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Term.--The initial term of an MBDA Rural
Business Center agreement shall be not less than 3
years.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Functions.--An MBDA Rural Business Center shall--
</DELETED>
<DELETED> (1) primarily serve clients that are--</DELETED>
<DELETED> (A) rural minority business enterprises;
or</DELETED>
<DELETED> (B) minority business enterprises that are
located more than 50 miles from an MBDA Business Center
(other than that MBDA Rural Business Center);</DELETED>
<DELETED> (2) focus on--</DELETED>
<DELETED> (A) issues relating to--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (ii) advanced
manufacturing;</DELETED>
<DELETED> (iii) the promotion of
manufacturing in the United States;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (v) improving the connectivity of
rural minority business enterprises through
transportation and logistics;</DELETED>
<DELETED> (vi) promoting trade and export
opportunities by rural minority business
enterprises;</DELETED>
<DELETED> (vii) securing financial
capital;</DELETED>
<DELETED> (viii) facilitating
entrepreneurship in rural areas; and</DELETED>
<DELETED> (ix) creating jobs in rural areas;
and</DELETED>
<DELETED> (B) any other issue relating to the unique
challenges faced by rural minority business
enterprises; and</DELETED>
<DELETED> (3) provide education, training, and legal,
financial, and technical assistance to minority business
enterprises.</DELETED>
<DELETED> (d) Applications.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Criteria and priority.--In selecting an
eligible entity with which to enter into an MBDA Rural Business
Center agreement, the Under Secretary shall--</DELETED>
<DELETED> (A) select an eligible entity that
demonstrates--</DELETED>
<DELETED> (i) the ability to collaborate
with governmental and private sector entities
to leverage capabilities of minority business
enterprises through public-private
partnerships;</DELETED>
<DELETED> (ii) the research and extension
capacity to support minority business
enterprises;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (iv) the ability to provide
innovative business solutions, including access
to contracting opportunities, markets, and
capital;</DELETED>
<DELETED> (v) the ability to provide
services that advance the development of
science, technology, engineering, and math jobs
within minority business enterprises;</DELETED>
<DELETED> (vi) the ability to leverage
resources from within the eligible entity to
advance an MBDA Rural Business
Center;</DELETED>
<DELETED> (vii) that the mission of the
eligible entity aligns with the mission of the
Agency;</DELETED>
<DELETED> (viii) the ability to leverage
relationships with rural minority business
enterprises; and</DELETED>
<DELETED> (ix) a referral relationship with
not less than 1 community-based organization;
and</DELETED>
<DELETED> (B) give priority to an eligible entity
located in a State or region that--</DELETED>
<DELETED> (i) lacks an MBDA Business Center,
as of the date of enactment of this Act;
or</DELETED>
<DELETED> (ii) has a significant population
of socially or economically disadvantaged
individuals.</DELETED>
<DELETED>SEC. 303. REPORT TO CONGRESS.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) recommendations for extending the outreach of
the Agency to underserved areas.</DELETED>
<DELETED>SEC. 304. STUDY AND REPORT.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTS</DELETED>
<DELETED>SEC. 401. GRANTS TO NONPROFIT ORGANIZATIONS THAT SUPPORT
MINORITY BUSINESS ENTERPRISES.</DELETED>
<DELETED> (a) Definition.--In this section, the term ``covered
entity'' means a private nonprofit organization that--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (g) Procedures.--The Under Secretary shall establish
procedures to--</DELETED>
<DELETED> (1) discourage and prevent waste, fraud, and abuse
by applicants for, and recipients of, grants made under this
section; and</DELETED>
<DELETED> (2) ensure that grants are made under this section
to a diverse array of covered entities, including--</DELETED>
<DELETED> (A) covered entities with a national
presence;</DELETED>
<DELETED> (B) community-based covered
entities;</DELETED>
<DELETED> (C) covered entities with annual budgets
below $1,000,000; and</DELETED>
<DELETED> (D) covered entities that principally
serve low-income and rural communities.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) submit to Congress a report regarding the
audit conducted under paragraph (1).</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the number of grants made under this section
during the period covered by the report; and</DELETED>
<DELETED> (2) with respect to the grants described in
paragraph (1)--</DELETED>
<DELETED> (A) the geographic distribution of those
grants by State and county;</DELETED>
<DELETED> (B) if applicable, demographic information
with respect to the minority business enterprises
served by the covered entities to which the grants were
made; and</DELETED>
<DELETED> (C) information regarding the industries
of the minority business enterprises served by the
covered entities to which the grants were
made.</DELETED>
<DELETED>TITLE V--MINORITY BUSINESS ENTERPRISES ADVISORY
COUNCIL</DELETED>
<DELETED>SEC. 501. PURPOSE.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 502. COMPOSITION AND TERM.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 503. DUTIES.</DELETED>
<DELETED> (a) In General.--The Council shall provide advice to the
Under Secretary by--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) advising the Under Secretary regarding--
</DELETED>
<DELETED> (A) any measures to better achieve the
objectives of this Act; and</DELETED>
<DELETED> (B) problems and matters the Under
Secretary refers to the Council.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS
PROGRAMS</DELETED>
<DELETED>SEC. 601. GENERAL DUTIES.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 602. PARTICIPATION OF FEDERAL DEPARTMENTS AND
AGENCIES.</DELETED>
<DELETED> The Under Secretary shall--</DELETED>
<DELETED> (1) consult with other Federal departments and
agencies as appropriate to--</DELETED>
<DELETED> (A) develop policies, comprehensive plans,
and specific program goals for the programs carried out
under subtitle B of title I and title III;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) evaluate the impact of Federal support
of socially or economically disadvantaged business
concerns in achieving the objectives of this
Act;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE VII--ADMINISTRATIVE POWERS OF THE AGENCY; MISCELLANEOUS
PROVISIONS</DELETED>
<DELETED>SEC. 701. ADMINISTRATIVE POWERS.</DELETED>
<DELETED> (a) In General.--In carrying out this Act, the Under
Secretary may--</DELETED>
<DELETED> (1) adopt and use a seal for the Agency, which
shall be judicially noticed;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) acquire, in any lawful manner, any property
that the Under Secretary determines to be necessary or
appropriate to carry out this Act;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (5) coordinate with the heads of the Offices of
Small and Disadvantaged Business Utilization of Federal
agencies.</DELETED>
<DELETED> (b) Use of Property.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 702. FEDERAL ASSISTANCE.</DELETED>
<DELETED> (a) In General.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the actual, or anticipated, amount of
Federal assistance that will, or may, be made
available;</DELETED>
<DELETED> (B) the types of Federal assistance that
will, or may, be made available;</DELETED>
<DELETED> (C) the manner in which Federal assistance
will be allocated among public sector entities and
private sector entities, as applicable; and</DELETED>
<DELETED> (D) the methodology used by the Under
Secretary to make allocations under subparagraph
(C).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 703. RECORDKEEPING.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the amount and nature of that
assistance;</DELETED>
<DELETED> (2) the disposition by the recipient of the
proceeds of that assistance;</DELETED>
<DELETED> (3) the total cost of the undertaking for which
the assistance is given or used;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (5) any other record that will facilitate an
effective audit with respect to the assistance.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 704. REVIEW AND REPORT BY COMPTROLLER GENERAL.</DELETED>
<DELETED> Not later than 4 years after the date of enactment of this
Act, the Comptroller General of the United States shall--</DELETED>
<DELETED> (1) conduct a thorough review of the programs
carried out under this Act; and</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) an evaluation of the effectiveness of
the programs in achieving the purposes of this
Act;</DELETED>
<DELETED> (B) a description of any failure by any
recipient of assistance under this Act to comply with
the requirements under this Act; and</DELETED>
<DELETED> (C) recommendations for any legislative or
administrative action that should be taken to improve
the achievement of the purposes of this Act.</DELETED>
<DELETED>SEC. 705. BIANNUAL REPORTS; RECOMMENDATIONS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 706. SEPARABILITY.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) shall not affect, impair, or invalidate--
</DELETED>
<DELETED> (A) any other provision of this Act;
or</DELETED>
<DELETED> (B) the application of this Act to any
other person or circumstance; and</DELETED>
<DELETED> (2) shall be confined in its operation to--
</DELETED>
<DELETED> (A) the provision of this Act with respect
to which the judgment is rendered; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 707. EXECUTIVE ORDER 11625.</DELETED>
<DELETED> The powers and duties of the Agency shall be determined--
</DELETED>
<DELETED> (1) in accordance with this Act and the
requirements of this Act; and</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 708. AMENDMENT TO THE FEDERAL ACQUISITION STREAMLINING
ACT OF 1994.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> ``(2) The Under Secretary of Commerce for Minority
Business Development.''.</DELETED>
<DELETED>SEC. 709. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) $10,000,000 shall be used in each such fiscal
year to carry out title III.</DELETED>
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. Definitions.
Sec. 3. 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. Severability.
Sec. 707. Executive Order 11625.
Sec. 708. Authorization of appropriations.
SEC. 2. 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 Native entity; 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) 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) MBDA business center.--The term ``MBDA Business
Center'' means a 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.
(8) 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.
(9) 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.
(10) Native entity.--The term ``Native entity'' means--
(A) a Tribal Government;
(B) an Alaska Native village or Regional or Village
Corporation, as defined in or established pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.);
(C) a Native Hawaiian organization, as that term is
defined in section 6207 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7517);
(D) the Department of Hawaiian Home Lands; and
(E) the Office of Hawaiian Affairs.
(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;
(D) an agency of a political subdivision of a
State; or
(E) a Native entity.
(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 Tribal Government.
(18) Tribal government.--The term ``Tribal Government''
means the recognized governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
identified (including parenthetically) in the list published
most recently as of the date of enactment of this Act pursuant
to section 104 of the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 5131).
(19) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Minority Business
Development, who is appointed as described in section 3(b) to
administer this Act.
SEC. 3. 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''.
(3) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Director of the Agency shall be deemed to be a reference to the
Under Secretary.
(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 in--
(A) accessing capital, contracts, and grants; and
(B) creating and maintaining 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 agency, department, 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 agency, department,
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;
(viii) general management;
(ix) technology and technology adoption;
(x) leadership; and
(xi) human resources; 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 fiscal year in which the
report is submitted, which shall include, with respect to the
fiscal year covered by the report--
(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 minority-serving institution; or
(B) a consortium of institutions of higher
education that is led by a minority-serving
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) Minority-serving institution.--The term ``minority-
serving institution'' means an institution 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)).
(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 that--
(i) is located in a State or region that
has a significant population of socially or
economically disadvantaged individuals;
(ii) has a history of serving socially or
economically disadvantaged individuals; or
(iii) in the determination of the Under
Secretary, has not received an equitable
allocation of land and financial resources
under--
(I) the Act of July 2, 1862
(commonly known as the ``First Morrill
Act'') (12 Stat. 503, chapter 130; 7
U.S.C. 301 et seq.); or
(II) the Act of August 30, 1890
(commonly known as the ``Second Morrill
Act'') (26 Stat. 417, chapter 841; 7
U.S.C. 321 et seq.).
(3) Considerations.--In determining whether to enter into
an MBDA Rural Business Center agreement with an eligible entity
under this section, the Under Secretary shall consider the
needs of the eligible entity.
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) Designation of Office.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Under Secretary shall designate an
office to make and administer grants under this section.
(2) Considerations.--In designating an office under
paragraph (1), the Under Secretary shall ensure that the office
designated has adequate staffing to carry out the
responsibilities of the office 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, which may include--
(A) covered entities with a national presence;
(B) community-based covered entities;
(C) covered entities with annual budgets below
$1,000,000; or
(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 makes the designation required under
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 agencies and departments 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 Federal agencies and departments, 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;
(5) coordinate with the heads of the Offices of Small and
Disadvantaged Business Utilization of Federal agencies;
(6) develop procedures under which the Under Secretary may
evaluate the compliance of a recipient of assistance under this
Act with the requirements of this Act;
(7) deobligate assistance provided under this Act to a
recipient that has demonstrated an insufficient level of
performance with respect to the assistance, or has engaged in
wasteful or fraudulent spending; and
(8) provide that a recipient of assistance under this Act
that has demonstrated an insufficient level of performance with
respect to the assistance, or has engaged in wasteful or
fraudulent spending, shall be ineligible to receive assistance
under this Act for a period determined by the Under Secretary,
consistent with the considerations under section 180.865 of
title 2, Code of Federal Regulations (or any successor
regulation), beginning on the date on which the Under Secretary
makes the applicable finding.
(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;
(5) the return on investment, as defined by the Under
Secretary; and
(6) 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. SEVERABILITY.
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. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Under Secretary
$110,000,000 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) $20,000,000 shall be used in each such fiscal year to
carry out title III.
Calendar No. 228
117th CONGRESS
1st Session
S. 2068
_______________________________________________________________________
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.
_______________________________________________________________________
December 17, 2021
Reported with an amendment