[Congressional Record Volume 167, Number 88 (Thursday, May 20, 2021)]
[Senate]
[Pages S3238-S3244]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1783. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to 
establish a new Directorate for Technology and Innovation in the 
National Science Foundation, to establish a regional technology hub 
program, to require a strategy and report on economic security, 
science, research, innovation, manufacturing, and job creation, to 
establish a critical supply chain resiliency program, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

                DIVISION G--MINORITY BUSINESS RESILIENCY

     SEC. 7001. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Minority Business Resiliency Act of 2021''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

                DIVISION G--MINORITY BUSINESS RESILIENCY

Sec. 7001. Short title; table of contents.
Sec. 7002. Findings and purposes.
Sec. 7003. Definitions.
Sec. 7004. Minority Business Development Agency.

                     TITLE I--EXISTING INITIATIVES

       Subtitle A--Market Development, Research, and Information

Sec. 7101. Private sector development.
Sec. 7102. Public sector development.
Sec. 7103. Research and information.

   Subtitle B--Minority Business Development Agency Business Center 
                                Program

Sec. 7111. Definition.
Sec. 7112. Purpose.
Sec. 7113. Establishment.
Sec. 7114. Grants and cooperative agreements.
Sec. 7115. Minimizing disruptions to existing MBDA Business Center 
              program.
Sec. 7116. Publicity.
Sec. 7117. Funding.

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

Sec. 7201. Annual diverse business forum on capital formation.
Sec. 7202. Agency study on alternative financing solutions.
Sec. 7203. Educational development relating to management and 
              entrepreneurship.

           TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAM

Sec. 7301. Definitions.
Sec. 7302. Business centers.
Sec. 7303. Report to Congress.
Sec. 7304. Study and report.

             TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTS

Sec. 7401. Grants to nonprofit organizations that support minority 
              business enterprises.
Sec. 7402. Minority business grants.

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

Sec. 7501. Administrative powers.
Sec. 7502. Federal assistance.
Sec. 7503. Audits.
Sec. 7504. Review and report by Comptroller General.
Sec. 7505. Annual reports; recommendations.
Sec. 7506. Separability.
Sec. 7507. Executive Order 11625.
Sec. 7508. Amendment to the Federal Acquisition Streamlining Act of 
              1994.
Sec. 7509. Authorization of appropriations.

     SEC. 7002. FINDINGS AND PURPOSES.

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

     SEC. 7003. DEFINITIONS.

       In this division:
       (1) Agency.--The term ``Agency'' means the Minority 
     Business Development Agency of the Department of Commerce.

[[Page S3239]]

       (2) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of Commerce for Minority 
     Business Development, who is appointed as described in 
     section 7004(b) to administer this division.
       (3) 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).
       (4) Eligible entity.--Except as otherwise expressly 
     provided, the term ``eligible entity''--
       (A) means--
       (i) a private sector entity;
       (ii) a public sector entity; or
       (iii) a Tribal government; and
       (B) includes an institution of higher education.
       (5) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term ``agency'' in section 551 of title 5, 
     United States Code.
       (6) Federally recognized area of economic distress.--The 
     term ``federally recognized area of economic distress'' 
     means--
       (A) a HUBZone, as that term is defined in section 31(b) of 
     the Small Business Act (15 U.S.C. 657a(b));
       (B) an area that--
       (i) has been designated as--

       (I) an empowerment zone under section 1391 of the Internal 
     Revenue Code of 1986; or
       (II) a Promise Zone by the Secretary of Housing and Urban 
     Development; or

       (ii) is a low or moderate income area, as determined by the 
     Bureau of the Census;
       (C) a qualified opportunity zone, as that term is defined 
     in section 1400Z-1 of the Internal Revenue Code of 1986; or
       (D) any other political subdivision or unincorporated area 
     of a State determined by the Assistant Secretary to be an 
     area of economic distress.
       (7) Indian tribe.--The term ``Indian Tribe''--
       (A) has the meaning given the term in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304); and
       (B) includes a Native Hawaiian organization.
       (8) 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).
       (9) MBDA business center.--The term ``MBDA Business 
     Center'' means any business center that--
       (A) is established by the Agency; and
       (B) provides technical business assistance to minority 
     business enterprises consistent with the requirements of this 
     division.
       (10) 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.
       (11) 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 and economically disadvantaged individuals; and
       (ii) the management and daily business operations of which 
     are controlled by 1 or more socially and 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 revenue of the business enterprise.
       (12) 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.
       (13) Public sector entity.--The term ``public sector 
     entity'' means--
       (A) a State;
       (B) an agency of a State;
       (C) a political subdivision of a State; or
       (D) an agency of a political subdivision of a State.
       (14) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (15) Socially and economically disadvantaged individual.--
       (A) In general.--The term ``socially and economically 
     disadvantaged individual'' means an individual who has been 
     subjected to racial or ethnic prejudice, or to cultural bias, 
     because of the identity of the individual as a member of a 
     group, without regard to any individual quality of the 
     individual that is unrelated to that identity.
       (B) Presumption.--In carrying out this division, the 
     Assistant Secretary shall presume that the term ``socially 
     and economically disadvantaged individual'' includes any 
     individual who is--
       (i) Black or African American;
       (ii) Hispanic or Latino;
       (iii) American Indian or Alaska Native;
       (iv) Asian;
       (v) Native Hawaiian or other Pacific Islander; or
       (vi) a member of a group that the Agency determines under 
     part 1400 of title 15, Code of Federal Regulations, as in 
     effect on November 23, 1984, is a socially disadvantaged 
     group eligible to receive assistance.
       (16) Specialty center.--The term ``specialty center'' means 
     an MBDA Business Center that provides specialty services 
     focusing on specific business needs, including assistance 
     relating to--
       (A) capital access;
       (B) Federal procurement;
       (C) entrepreneurship;
       (D) technology transfer; or
       (E) any other area determined necessary or appropriate 
     based on the priorities of the Agency.
       (17) State.--The term ``State'' means--
       (A) each of the States of the United States;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico;
       (D) the United States Virgin Islands;
       (E) Guam;
       (F) American Samoa;
       (G) the Commonwealth of the Northern Mariana Islands; and
       (H) each Indian Tribe.

     SEC. 7004. MINORITY BUSINESS DEVELOPMENT AGENCY.

       (a) In General.--There is within the Department of Commerce 
     the Minority Business Development Agency.
       (b) Assistant Secretary.--
       (1) Appointment and duties.--The Agency shall be headed by 
     an Assistant Secretary of Commerce for Minority Business 
     Development, who shall be--
       (A) appointed by the President, by and with the advice and 
     consent of the Senate; and
       (B) except as otherwise expressly provided, responsible for 
     the administration of this division.
       (2) Compensation.--
       (A) In general.--The Assistant Secretary shall be 
     compensated at an annual rate of basic pay prescribed for 
     level IV of the Executive Schedule under section 5315 of 
     title 5, United States Code.
       (B) Technical and conforming amendment.--Section 5315 of 
     title 5, United States Code, is amended, in the item relating 
     to Assistant Secretaries of Commerce, by striking ``(11)'' 
     and inserting ``(12)''.
       (c) Report to Congress.--Not later than 120 days after the 
     date of enactment of this Act, the Secretary shall submit to 
     Congress a report that describes--
       (1) the organizational structure of the Agency;
       (2) the organizational position of the Agency within the 
     Department of Commerce; and
       (3) a description of how the Agency shall function in 
     relation to the operations carried out by each other 
     component of the Department of Commerce.
       (d) Office of Business Centers.--
       (1) Establishment.--There is established within the Agency 
     an Office of Business Centers.
       (2) Director.--The Office of Business Centers shall be 
     administered by a Director, who shall be appointed by the 
     Assistant Secretary.
       (e) Offices of the Agency.--
       (1) In general.--In addition to the regional offices that 
     the Assistant Secretary is required to establish under 
     paragraph (2), the Assistant Secretary shall establish such 
     other offices within the Agency as are necessary to carry out 
     this division.
       (2) Regional offices.--
       (A) In general.--In order to carry out this division, the 
     Assistant Secretary shall establish a regional office of the 
     Agency for each of the regions of the United States, as 
     determined by the Assistant Secretary.
       (B) Duties.--Each regional office established under 
     subparagraph (A) shall expand the reach of the Agency and 
     enable the Federal Government to better serve the needs of 
     minority business enterprises in the region served by the 
     office, including by--
       (i) understanding and participating in the business 
     environment of that region;
       (ii) working with--

       (I) MBDA Business Centers that are located in that region;
       (II) resource and lending partners of the Small Business 
     Administration and the Department of Agriculture 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. 7101. PRIVATE SECTOR DEVELOPMENT.

       The Assistant Secretary shall, whenever the Assistant 
     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

[[Page S3240]]

       (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. 7102. PUBLIC SECTOR DEVELOPMENT.

       The Assistant Secretary shall, whenever the Assistant 
     Secretary determines such action is necessary or 
     appropriate--
       (1) consult and cooperate with public sector entities for 
     the purpose of leveraging resources available in the 
     jurisdictions of those public sector entities to promote the 
     position of minority business enterprises in the local 
     economies of those public sector entities, including by 
     assisting public sector entities to establish or enhance--
       (A) programs to procure goods and services through minority 
     business enterprises and goals for that procurement;
       (B) programs offering assistance relating to--
       (i) management;
       (ii) technology;
       (iii) 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. 7103. RESEARCH AND INFORMATION.

       (a) In General.--In order to achieve the purposes of this 
     division, the Assistant Secretary--
       (1) shall--
       (A) collect and analyze data, including data relating to 
     the causes of the success or failure of minority business 
     enterprises;
       (B) perform evaluations of programs carried out by Federal 
     agencies with an emphasis on increasing coordination between 
     Federal agencies with respect to the development of minority 
     business enterprises;
       (C) conduct research, studies, and surveys of--
       (i) economic conditions generally in the United States; and
       (ii) how the conditions described in clause (i) 
     particularly affect the development of minority business 
     enterprises; and
       (D) provide outreach, educational services, and technical 
     assistance in the 10 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, at the request of a public sector entity or a 
     private sector entity, perform an evaluation of programs 
     carried out by the entity that are designed to assist the 
     development of minority business enterprises.
       (b) Information Clearinghouse.--The Assistant Secretary 
     shall--
       (1) establish and maintain an information clearinghouse for 
     the collection and dissemination 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 Assistant 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. 7111. DEFINITION.

       In this subtitle, the term ``MBDA Business Center Program'' 
     means the program established under section 7113.

     SEC. 7112. PURPOSE.

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

     SEC. 7113. 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 Assistant Secretary under section 7101; and
       (3) under which the Assistant Secretary shall make Federal 
     assistance awards to eligible entities to operate MBDA 
     Business Centers, which shall, in accordance with section 
     7114, provide technical assistance and business development 
     services, or specialty services, to minority business 
     enterprises.
       (b) Coverage.--The Assistant Secretary shall take all 
     necessary actions to ensure that the MBDA Business Center 
     Program, in accordance with section 7114, offers the services 
     described in subsection (a)(3) in all regions of the United 
     States.

     SEC. 7114. 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 Assistant 
     Secretary, which--
       (i) shall include referral services to meet the needs of 
     minority business enterprises; and
       (ii) may include programs and services to accomplish the 
     goals described in section 7101(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 Assistant 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 Assistant 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) 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 Assistant Secretary 
     shall--
       (1) establish criteria that--
       (A) the Assistant 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 and 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 Assistant 
     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 
     Assistant Secretary an application that includes--
       (1) a statement of--
       (A) how the eligible entity will carry out subsection (a); 
     and
       (B) any experience of the eligible entity in--

[[Page S3241]]

       (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 Assistant Secretary grants an 
     application of an eligible entity submitted under subsection 
     (e), the Assistant Secretary shall notify the eligible entity 
     that the application has been granted not later than 150 days 
     after the last day on which an application may be submitted 
     under that subsection.
       (g) Program Examination; Accreditation; Extensions.--
       (1) Examination.--Not later than 180 days after the date of 
     enactment of this Act, and biennially thereafter, the 
     Assistant Secretary shall conduct a programmatic financial 
     examination of each Center.
       (2) Accreditation.--The Assistant Secretary may provide 
     financial support, by contract or otherwise, to an 
     association, not less than 51 percent of the members of which 
     are Centers, to--
       (A) pursue matters of common concern with respect to 
     Centers; and
       (B) develop an accreditation program with respect to 
     Centers.
       (3) Extensions.--
       (A) In general.--The Assistant Secretary may extend the 
     term under subsection (b) of an MBDA Business Center 
     agreement to which a Center is a party, if the Center 
     consents to the extension.
       (B) Financial assistance.--If the Assistant Secretary 
     extends the term of an MBDA Business Center agreement under 
     paragraph (1), the Assistant Secretary shall, in the same 
     manner and amount in which financial assistance was provided 
     during the initial term of the agreement, provide financial 
     assistance under the agreement during the extended term of 
     the agreement.
       (h) MBDA Involvement.--The Assistant 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 
     Assistant 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, including the 
     Small Business Administration, the Department of Agriculture, 
     the Federal Trade Commission, the United States Patent and 
     Trademark Office, and the Economic Development Administration 
     of the Department of Commerce; and
       (B) other institutions or entities that use Federal 
     resources, including--
       (i) small business development centers, as that term is 
     defined in section 3(t) of the Small Business Act (15 U.S.C. 
     632(t));
       (ii) women's business centers described in section 29 of 
     the Small Business Act (15 U.S.C. 656);
       (iii) eligible entities, as that term is defined in section 
     2411 of title 10, United States Code, that provide services 
     under the program carried out under chapter 142 of that 
     title; and
       (iv) entities participating in the Hollings Manufacturing 
     Extension Partnership Program established under section 25 of 
     the National Institute of Standards and Technology Act (15 
     U.S.C. 278k);
       (4) monitoring projects carried out by each Center; and
       (5) establishing and enforcing administrative and reporting 
     requirements for each Center to carry out subsection (a).
       (i) Regulations.--The Assistant Secretary shall issue and 
     publish regulations that establish minimum standards 
     regarding verification of minority business enterprise status 
     for clients of entities operating under the MBDA Business 
     Center Program.

     SEC. 7115. MINIMIZING DISRUPTIONS TO EXISTING MBDA BUSINESS 
                   CENTER PROGRAM.

       The Assistant 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. 7116. PUBLICITY.

       In carrying out the MBDA Business Center Program, the 
     Assistant 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.

     SEC. 7117. FUNDING.

       The Assistant Secretary shall use not less than 50 percent 
     of the amount made available to carry out this division in 
     each of fiscal years 2021 through 2024 to carry out the MBDA 
     Business Center Program, including the component of the 
     program relating to specialty centers.

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

     SEC. 7201. ANNUAL DIVERSE BUSINESS FORUM ON CAPITAL 
                   FORMATION.

       (a) Responsibility of Agency.--Not later than 18 months 
     after the date of enactment of this Act, and annually 
     thereafter, the Agency shall conduct a Government-business 
     forum to review the current status of problems and programs 
     relating to capital formation by minority business 
     enterprises.
       (b) Participation in Forum Planning.--The Assistant 
     Secretary shall invite the heads of other Federal agencies, 
     such as the Chairman of the Securities and Exchange 
     Commission, the Secretary of the Treasury, and the Chairman 
     of the Board of Governors of the Federal Reserve System, 
     organizations representing State securities commissioners, 
     representatives of leading minority chambers of commerce, 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 Assistant Secretary may request that any 
     head of a Federal department, agency, or organization, 
     including those described in subsection (b), or any other 
     group or individual, prepare a statement or report to be 
     delivered at any forum conducted under subsection (a).
       (2) Cooperation.--Any head of a Federal department, agency, 
     or organization who receives a request under paragraph (1) 
     shall, to the greatest extent practicable, cooperate with the 
     Assistant Secretary to fulfill that request.
       (d) Transmittal of Proceedings and Findings.--The Assistant 
     Secretary shall--
       (1) prepare a summary of the proceedings of each forum 
     conducted under subsection (a), which shall include the 
     findings and recommendations of the forum; and
       (2) transmit the summary described in paragraph (1) with 
     respect to each forum conducted under subsection (a) to--
       (A) the participants in the forum;
       (B) Congress; and
       (C) the public, through a publicly available website.
       (e) Review of Findings and Recommendations; Public 
     Statements.--
       (1) In general.--A Federal agency to which a finding or 
     recommendation described in subsection (d)(1) relates shall--
       (A) review that finding or recommendation; and
       (B) promptly after the finding or recommendation is 
     transmitted under 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. 7202. AGENCY STUDY ON ALTERNATIVE FINANCING SOLUTIONS.

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

     SEC. 7203. EDUCATIONAL DEVELOPMENT RELATING TO MANAGEMENT AND 
                   ENTREPRENEURSHIP.

       (a) Duties.--The Assistant Secretary shall, whenever the 
     Assistant Secretary determines such action is necessary or 
     appropriate--

[[Page S3242]]

       (1) promote and provide assistance for the education and 
     training of socially and economically disadvantaged 
     individuals in subjects directly relating to business 
     administration and management;
       (2) join with, and encourage, institutions of higher 
     education, leaders in business and industry, and other public 
     sector and private sector entities, particularly minority 
     business enterprises, to--
       (A) develop programs to offer scholarships and fellowships, 
     apprenticeships, and internships relating to business to 
     socially and economically disadvantaged individuals; and
       (B) sponsor seminars, conferences, and similar activities 
     relating to business for the benefit of socially and 
     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 Assistant 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 planning; and
       (vii) any other skill set that the eligible institution 
     determines is necessary for the students served by the 
     eligible institution and the community in which the eligible 
     institution is located; and
       (B) implement the curriculum developed under subparagraph 
     (A) at the eligible institution.
       (4) Implementation timeline.--The Assistant Secretary shall 
     establish and publish a timeline under which an eligible 
     institution to which a grant is awarded under this section 
     shall carry out the requirements under paragraph (3).
       (5) Reports.--Each year, the Assistant Secretary shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate, the Committee on Small Business 
     and Entrepreneurship of the Senate, the Committee on 
     Financial Services of the House of Representatives, and the 
     Committee on Small Business of the House of Representatives, 
     as part of the annual budget submission of the President 
     under section 1105(a) of title 31, United States Code, a 
     report evaluating the awarding and use of grants under this 
     subsection during the fiscal year immediately preceding the 
     date on which the report is submitted, which shall include, 
     with respect to that fiscal year--
       (A) a description of each curriculum developed and 
     implemented under each grant awarded under this section;
       (B) the date on which each grant awarded under this section 
     was awarded; and
       (C) the number of eligible entities that were recipients of 
     grants awarded under this section.

           TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAM

     SEC. 7301. 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;
       (B) the Committee on Small Business and Entrepreneurship of 
     the Senate;
       (C) the Committee on Financial Services of the House of 
     Representatives; and
       (D) the Committee on Small Business 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.--
       (A) In general.--Subject to subparagraph (B), 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)).
       (B) 100,000 inhabitants.--For the purpose of this title, 
     the reference to ``50,000 inhabitants'' in section 
     343(a)(13)(A)(i) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1991(a)(13)(A)(i)) shall be deemed 
     to refer to 100,000 inhabitants.
       (7) Rural minority business enterprise.--The term ``rural 
     minority business enterprise'' means a minority business 
     enterprise located in a rural area.

     SEC. 7302. BUSINESS CENTERS.

       (a) In General.--The Assistant Secretary may establish MBDA 
     Rural Business Centers.
       (b) Partnership.--
       (1) In general.--With respect to an MBDA Rural Business 
     Center established by the Assistant Secretary, the Assistant 
     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 Assistant Secretary, the Assistant 
     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 Assistant 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 Assistant 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 Assistant 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 Assistant Secretary 
     under subparagraph (A)(ii); or
       (ii) if the Assistant 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 Assistant 
     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 3 years.
       (4) Extension.--The Assistant 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 Assistant 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 Assistant 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;

[[Page S3243]]

       (ii) the research and extension capacity to support 
     minority business enterprises;
       (iii) knowledge of the community that the eligible entity 
     serves and the ability to conduct effective outreach to that 
     community to advance the goals of an MBDA Rural Business 
     Center;
       (iv) the ability to provide innovative business solutions, 
     including access to contracting opportunities, markets, and 
     capital;
       (v) the ability to provide services that advance the 
     development of science, technology, engineering, and math 
     jobs within minority business enterprises;
       (vi) the ability to leverage resources from within the 
     eligible entity to advance an MBDA Rural Business Center;
       (vii) that the mission of the eligible entity aligns with 
     the mission of the Agency;
       (viii) the ability to leverage relationships with rural 
     minority business enterprises; and
       (ix) a referral relationship with not less than 1 
     community-based organization; and
       (B) give priority to an eligible entity located in a State 
     or region that lacks an MBDA Business Center, as of the date 
     of enactment of this Act.

     SEC. 7303. REPORT TO CONGRESS.

       Not later than 1 year after the date of enactment of this 
     Act, the Assistant Secretary shall submit to the appropriate 
     congressional committees a report that includes--
       (1) a summary of the efforts of the Assistant 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. 7304. STUDY AND REPORT.

       (a) In General.--The Assistant 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 Assistant 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. 7401. GRANTS TO NONPROFIT ORGANIZATIONS THAT SUPPORT 
                   MINORITY BUSINESS ENTERPRISES.

       (a) Definition.--In this section, the term ``covered 
     entity'' means a private nonprofit organization that--
       (1) is described in paragraph (3), (4), (5), or (6) of 
     section 501(c) of the Internal Revenue Code of 1986 and 
     exempt from tax under section 501(a) of such Code; and
       (2) can demonstrate that a primary activity of the 
     organization is to provide services to minority business 
     enterprises, whether through education, making grants or 
     loans, or other similar activities.
       (b) Purpose.--The purpose of this section is to make grants 
     to covered entities to help those covered entities continue 
     the necessary work of supporting minority business 
     enterprises.
       (c) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Assistant Secretary shall 
     establish within the Agency a grant program under which the 
     Assistant Secretary shall make grants to covered entities in 
     accordance with the requirements of this section.
       (d) Application.--A covered entity desiring a grant under 
     this section shall submit to the Assistant Secretary an 
     application at such time, in such manner, and containing such 
     information as the Assistant Secretary may require.
       (e) Priority.--The Assistant 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 and growth of minority business enterprises.
       (g) Procedures.--The Assistant Secretary shall establish 
     procedures to--
       (1) discourage and prevent waste, fraud, and abuse by 
     applicants for, and recipients of, grants made under this 
     section; and
       (2) ensure that grants are made under this section to a 
     diverse array of covered entities, including--
       (A) covered entities with a national presence;
       (B) community-based covered entities;
       (C) covered entities with annual budgets below $1,000,000; 
     and
       (D) covered entities that principally serve low-income and 
     rural communities.
       (h) Inspector General Audit.--Not later than 180 days after 
     the date on which the Assistant 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 Assistant Secretary establishes the grant 
     program under subsection (c), and once every 30 days 
     thereafter, the Assistant 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), 
     the geographic distribution of those grants by State and 
     county.

     SEC. 7402. MINORITY BUSINESS GRANTS.

       (a) In General.--The Assistant Secretary may award grants 
     to minority business enterprises for the purpose of--
       (1) growing a minority business enterprise; or
       (2) helping a minority business enterprise to remain in 
     business.
       (b) Establishment of Office.--The Assistant Secretary shall 
     establish an office within the Agency that has adequate 
     staffing to award and administer grants under subsection (a).
       (c) Updates to Congress.--Not later than 120 days after the 
     date of enactment of this Act, and once every 30 days 
     thereafter, the Assistant 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; and
       (B) with respect to each minority business enterprise to 
     which such a grant is awarded--
       (i) demographic information with respect to the minority 
     business enterprise; and
       (ii) information regarding the industry in which the 
     minority business enterprise operates.

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

     SEC. 7501. ADMINISTRATIVE POWERS.

       (a) In General.--In carrying out this division, the 
     Assistant Secretary may--
       (1) adopt and use a seal for the Agency, which shall be 
     judicially noticed;
       (2) hold hearings, sit and act, and take testimony as the 
     Assistant Secretary may determine to be necessary or 
     appropriate to carry out this division;
       (3) acquire, in any lawful manner, any property that the 
     Assistant Secretary determines to be necessary or appropriate 
     to carry out this division;
       (4) make advance payments under grants, contracts, and 
     cooperative agreements awarded under this division;
       (5) 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;
       (6) coordinate with the heads of the Offices of Small and 
     Disadvantaged Business Utilization of Federal agencies;
       (7) require a coordinated review of all training and 
     technical assistance activities that are proposed to be 
     carried out by Federal agencies in direct support of the 
     development of minority business enterprises to--
       (A) ensure consistency with the purposes of this division; 
     and
       (B) avoid duplication of existing efforts; and
       (8) prescribe such rules, regulations, and procedures as 
     the Assistant Secretary determines to be necessary or 
     appropriate to carry out this division.
       (b) Employment of Certain Experts and Consultants.--
       (1) In general.--In carrying out this division, the 
     Assistant Secretary may employ experts and consultants or 
     organizations that are composed of experts or consultants, as 
     authorized under section 3109 of title 5, United States Code.
       (2) Renewal of contracts.--The Assistant Secretary may 
     annually renew a contract for employment of an individual 
     employed under paragraph (1).
       (c) Donation of Property.--
       (1) In general.--Subject to paragraph (2), in carrying out 
     this division, the Assistant Secretary may, without cost 
     (except for costs of care and handling), donate for use by 
     any public sector entity, or by any recipient nonprofit 
     organization, for the purpose of the development of minority 
     business enterprises, any real or tangible personal property 
     acquired by the Agency in carrying out this division.
       (2) Terms, conditions, reservations, and restrictions.--The 
     Assistant Secretary may impose reasonable terms, conditions, 
     reservations, and restrictions upon the use of any property 
     donated under paragraph (1).

     SEC. 7502. FEDERAL ASSISTANCE.

       (a) In General.--
       (1) Provision of federal assistance.--To carry out sections 
     7101, 7102, and 7103(a), the Assistant 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 
     Assistant 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--

[[Page S3244]]

       (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 Assistant Secretary to make 
     allocations under subparagraph (C).
       (3) Consultation.--The Assistant Secretary shall consult 
     with public sector entities and private sector entities, as 
     applicable, in deciding the amounts and types of Federal 
     assistance to make available under paragraph (1).
       (b) Publicity.--In carrying out this section, the Assistant 
     Secretary shall broadly publicize all opportunities for 
     Federal assistance available under this section, including 
     through the means required under section 7116.

     SEC. 7503. AUDITS.

       (a) Recordkeeping Requirement.--Each recipient of 
     assistance under this division shall keep such records as the 
     Assistant Secretary shall prescribe, including records that 
     fully disclose, with respect to the assistance received by 
     the recipient under this division--
       (1) the amount and nature of that assistance;
       (2) the disposition by the recipient of the proceeds of 
     that assistance;
       (3) the total cost of the undertaking for which the 
     assistance is given or used;
       (4) the amount and nature of the portion of the cost of the 
     undertaking described in paragraph (3) that is supplied by a 
     source other than the Agency; and
       (5) any other record that will facilitate an effective 
     audit with respect to the assistance.
       (b) Access by Government Officials.--The Assistant 
     Secretary, the Inspector General of the Department of 
     Commerce, and the Comptroller General of the United States, 
     or any duly authorized representative of any such individual, 
     shall have access, for the purpose of audit, investigation, 
     and examination, to any book, document, paper, record, or 
     other material of a recipient of assistance under this 
     division that pertains to the assistance received by the 
     recipient under this division.

     SEC. 7504. 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 division; 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 division;
       (B) a description of any failure by any recipient of 
     assistance under this division to comply with the 
     requirements under this division; and
       (C) recommendations for any legislative or administrative 
     action that should be taken to improve the achievement of the 
     purposes of this division.

     SEC. 7505. ANNUAL REPORTS; RECOMMENDATIONS.

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

     SEC. 7506. SEPARABILITY.

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

     SEC. 7507. EXECUTIVE ORDER 11625.

       The powers and duties of the Agency shall be determined--
       (1) in accordance with this division and the requirements 
     of this division; 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. 7508. AMENDMENT TO THE FEDERAL ACQUISITION STREAMLINING 
                   ACT OF 1994.

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

     SEC. 7509. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Assistant 
     Secretary not less than $100,000,000 for fiscal year 2021, 
     and each fiscal year thereafter, to carry out this division.
                                 ______