[Congressional Record Volume 167, Number 139 (Wednesday, August 4, 2021)]
[Senate]
[Pages S5840-S5846]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2478. Mr. CARDIN (for himself, Mr. Scott of South Carolina, Mr. 
Wicker, Ms. Cantwell, Ms. Baldwin, and Mr. Cornyn) proposed an 
amendment to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema 
(for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; as 
follows:

        At the appropriate place, insert the following:

              DIVISION ___--MINORITY BUSINESS DEVELOPMENT

     SEC. ____01. SHORT TITLE.

       This division may be cited as the ``Minority Business 
     Development Act of 2021''.

     SEC. ____02. DEFINITIONS.

       In this division:
       (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 
     division.
       (8) MBDA business center agreement.--The term ``MBDA 
     Business Center agreement'' means a legal instrument--

[[Page S5841]]

       (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 division, 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 division 
     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 division.

     SEC. ____03. 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 division; 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 
     division.
       (2) Regional offices.--
       (A) In general.--In order to carry out this division, 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

[[Page S5842]]

     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 
     division, 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,

[[Page S5843]]

     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.--

[[Page S5844]]

       (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

[[Page S5845]]

     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 
     division; 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 division 
     are being achieved; and
       (C) evaluate the impact of Federal support of socially or 
     economically disadvantaged business concerns in achieving the 
     objectives of this division;
       (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 division.

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

     SEC. ___701. ADMINISTRATIVE POWERS.

       (a) In General.--In carrying out this division, 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 division;
       (3) acquire, in any lawful manner, any property that the 
     Under Secretary determines to be necessary or appropriate to 
     carry out this division;
       (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

[[Page S5846]]

     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 division, 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 division.
       (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 
     division 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 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;
       (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 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. ___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 division 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 division.

     SEC. ___706. 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. ___707. 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. ___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 division, 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.
                                 ______