II 

Calendar No. 228 

117TH CONGRESS 

1ST SESSION S. 2068 

To require the Minority Business Development Agency of the Department 

of Commerce to promote and administer programs in the public and 

private sectors to assist the development of minority business enterprises, 

to ensure that such Agency has the necessary supporting resources, 

particularly during economic downturns, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 15, 2021 

Mr. CARDIN (for himself, Mr. SCOTT of South Carolina, Ms. CANTWELL, Mr. 

WICKER, Ms. BALDWIN, and Mr. CORNYN) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

DECEMBER 17, 2021 

Reported by Ms. CANTWELL, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To require the Minority Business Development Agency of 

the Department of Commerce to promote and administer 

programs in the public and private sectors to assist the 

development of minority business enterprises, to ensure 

that such Agency has the necessary supporting resources, 

particularly during economic downturns, and for other 

purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Minority Business Development Act of 2021’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings and purposes. 

Sec. 3. Definitions. 

Sec. 4. Minority Business Development Agency. 

TITLE I—EXISTING INITIATIVES 

Subtitle A—Market Development, Research, and Information 

Sec. 101. Private sector development. 

Sec. 102. Public sector development. 

Sec. 103. Research and information. 

Subtitle B—Minority Business Development Agency Business Center Program 

Sec. 111. Definition. 

Sec. 112. Purpose. 

Sec. 113. Establishment. 

Sec. 114. Grants and cooperative agreements. 

Sec. 115. Minimizing disruptions to existing MBDA Business Center program. 

Sec. 116. Publicity. 

TITLE II—NEW INITIATIVES TO PROMOTE ECONOMIC 

RESILIENCY FOR MINORITY BUSINESSES 

Sec. 201. Annual diverse business forum on capital formation. 

Sec. 202. Agency study on alternative financing solutions. 

Sec. 203. Educational development relating to management and entrepreneurship. 

TITLE III—RURAL MINORITY BUSINESS CENTER PROGRAM 

Sec. 301. Definitions. 

Sec. 302. Business centers. 

Sec. 303. Report to Congress. 

Sec. 304. Study and report. 

TITLE IV—MINORITY BUSINESS DEVELOPMENT GRANTS 

Sec. 401. Grants to nonprofit organizations that support minority business enterprises. 

TITLE V—MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL 


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Sec. 501. Purpose. 

Sec. 502. Composition and term. 

Sec. 503. Duties. 

TITLE VI—FEDERAL COORDINATION OF MINORITY BUSINESS 

PROGRAMS 

Sec. 601. General duties. 

Sec. 602. Participation of Federal departments and agencies. 

TITLE VII—ADMINISTRATIVE POWERS OF THE AGENCY; 

MISCELLANEOUS PROVISIONS 

Sec. 701. Administrative powers. 

Sec. 702. Federal assistance. 

Sec. 703. Recordkeeping. 

Sec. 704. Review and report by Comptroller General. 

Sec. 705. Biannual reports; recommendations. 

Sec. 706. Separability. 

Sec. 707. Executive Order 11625. 

Sec. 708. Amendment to the Federal Acquisition Streamlining Act of 1994. 

Sec. 709. Authorization of appropriations. 

1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) During times of economic downturn or re4 cession, communities of color, and businesses within 

5 those communities, are generally more adversely af6 fected. 

7 (2) Despite the growth in the number of minor8 ity business enterprises, gaps remain with respect to 

9 key metrics for those enterprises, such as access to 

10 capital, revenue, number of employees, and survival 

11 rate. Specifically— 

12 (A) according to the 2021 Small Business 

13 Credit Survey of the Federal Reserve Banks, 

14 Black-owned and Latino-owned employer busi15 nesses are more than 2 and 1.5 times more 


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1 likely to be denied loans, respectively, than 

2 White-owned employer businesses; 

3 (B) according to the Bureau of the Cen4 sus, the average non-minority business enter5 prise reports revenue that is more than 3 times 

6 higher than revenue reported by the average 

7 minority business enterprise; and 

8 (C) according to the Kauffman Founda9 tion— 

10 (i) minority business enterprises are 

1 11 ⁄2 as likely to employ individuals, as com12 pared with non-minority business enter13 prises; and 

14 (ii) if minorities started and owned 

15 businesses at the same rate as non-minori16 ties, the economy of the United States 

17 would have more than 1,000,000 additional 

18 employer businesses and more than 

19 9,500,000 additional jobs. 

20 (3) Because of the conditions described in para21 graph (2), it is in the interest of the United States 

22 and the economy of the United States to expedi23 tiously ameliorate the disparities that minority busi24 ness enterprises experience. 


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1 (4) Many individuals who own minority busi2 ness enterprises are socially disadvantaged because 

3 those individuals identify as members of certain 

4 groups that have suffered the effects of discrimina5 tory practices or similar circumstances over which 

6 those individuals have no control, including individ7 uals who are— 

8 (A) Black or African American; 

9 (B) Hispanic or Latino; 

10 (C) American Indian or Alaska Native; 

11 (D) Asian; and 

12 (E) Native Hawaiian or other Pacific Is13 lander. 

14 (5) Discriminatory practices and similar cir15 cumstances described in paragraph (4) are a signifi16 cant determinant of overall economic disadvantage 

17 in the United States. 

18 (6) It is in the interest of Congress to address 

19 the persistent racial wealth gap in the United States 

20 and to support entrepreneurship as a pathway to 

21 wealth development. 

22 (7) While other Federal agencies focus only on 

23 small businesses and businesses that represent a 

24 broader demographic than solely minority business 

25 enterprises, the Agency focuses exclusively on— 


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1 (A) the unique needs of minority business 

2 enterprises; and 

3 (B) enhancing the capacity of minority 

4 business enterprises. 

5 (b) PURPOSES.—The purposes of this Act are to— 

6 (1) require the Agency to promote and admin7 ister programs in the public and private sectors to 

8 assist the development of minority business enter9 prises; and 

10 (2) achieve the development described in para11 graph (1) by authorizing the Under Secretary to 

12 carry out programs that will result in increased ac13 cess to capital, management, and technology for mi14 nority business enterprises. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) AGENCY.—The term ‘‘Agency’’ means the 

18 Minority Business Development Agency of the De19 partment of Commerce. 

20 (2) COMMUNITY-BASED ORGANIZATION.—The 

21 term ‘‘community-based organization’’ has the 

22 meaning given the term in section 8101 of the Ele23 mentary and Secondary Education Act of 1965 (20 

24 U.S.C. 7801). 


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1 (3) ELIGIBLE ENTITY.—Except as otherwise ex2 pressly provided, the term ‘‘eligible entity’’— 

3 (A) means— 

4 (i) a private sector entity; 

5 (ii) a public sector entity; or 

6 (iii) a Tribal government; and 

7 (B) includes an institution of higher edu8 cation. 

9 (4) FEDERAL AGENCY.—The term ‘‘Federal 

10 agency’’ has the meaning given the term ‘‘agency’’ 

11 in section 551 of title 5, United States Code. 

12 (5) FEDERALLY RECOGNIZED AREA OF ECO13 NOMIC DISTRESS.—The term ‘‘federally recognized 

14 area of economic distress’’ means— 

15 (A) a HUBZone, as that term is defined in 

16 section 31(b) of the Small Business Act (15 

17 U.S.C. 657a(b)); 

18 (B) an area that— 

19 (i) has been designated as— 

20 (I) an empowerment zone under 

21 section 1391 of the Internal Revenue 

22 Code of 1986; or 

23 (II) a Promise Zone by the Sec24 retary of Housing and Urban Devel25 opment; or 


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1 (ii) is a low or moderate income area, 

2 as determined by the Department of Hous3 ing and Urban Development; 

4 (C) a qualified opportunity zone, as that 

5 term is defined in section 1400Z–1 of the Inter6 nal Revenue Code of 1986; or 

7 (D) any other political subdivision or unin8 corporated area of a State determined by the 

9 Under Secretary to be an area of economic dis10 tress. 

11 (6) INDIAN TRIBE.—The term ‘‘Indian 

12 Tribe’’— 

13 (A) has the meaning given the term in sec14 tion 4 of the Indian Self-Determination and 

15 Education Assistance Act (25 U.S.C. 5304); 

16 and 

17 (B) includes a Native Hawaiian organiza18 tion. 

19 (7) INSTITUTION OF HIGHER EDUCATION.—The 

20 term ‘‘institution of higher education’’ has the 

21 meaning given the term in section 101 of the Higher 

22 Education Act of 1965 (20 U.S.C. 1001). 

23 (8) MBDA BUSINESS CENTER.—The term 

24 ‘‘MBDA Business Center’’ means any business cen25 ter that— 


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1 (A) is established by the Agency; and 

2 (B) provides technical business assistance 

3 to minority business enterprises consistent with 

4 the requirements of this Act. 

5 (9) MBDA BUSINESS CENTER AGREEMENT.— 

6 The term ‘‘MBDA Business Center agreement’’ 

7 means a legal instrument— 

8 (A) reflecting a relationship between the 

9 Agency and the recipient of a Federal assist10 ance award that is the subject of the instru11 ment; and 

12 (B) that establishes the terms by which the 

13 recipient described in subparagraph (A) shall 

14 operate an MBDA Business Center. 

15 (10) MINORITY BUSINESS ENTERPRISE.— 

16 (A) IN GENERAL.—The term ‘‘minority 

17 business enterprise’’ means a business enter18 prise— 

19 (i) that is not less than 51 percent20 owned by 1 or more socially or economi21 cally disadvantaged individuals; and 

22 (ii) the management and daily busi23 ness operations of which are controlled by 

24 1 or more socially or economically dis25 advantaged individuals. 


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1 (B) RULE OF CONSTRUCTION.—Nothing in 

2 subparagraph (A) may be construed to exclude 

3 a business enterprise from qualifying as a ‘‘mi4 nority business enterprise’’ under that subpara5 graph because of— 

6 (i) the status of the business enter7 prise as a for-profit or not-for-profit enter8 prise; or 

9 (ii) the annual revenue of the business 

10 enterprise. 

11 (11) PRIVATE SECTOR ENTITY.—The term 

12 ‘‘private sector entity’’— 

13 (A) means an entity that is not a public 

14 sector entity; and 

15 (B) does not include— 

16 (i) the Federal Government; 

17 (ii) any Federal agency; or 

18 (iii) any instrumentality of the Fed19 eral Government. 

20 (12) PUBLIC SECTOR ENTITY.—The term ‘‘pub21 lic sector entity’’ means— 

22 (A) a State; 

23 (B) an agency of a State; 

24 (C) a political subdivision of a State; or 


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1 (D) an agency of a political subdivision of 

2 a State. 

3 (13) SECRETARY.—The term ‘‘Secretary’’ 

4 means the Secretary of Commerce. 

5 (14) SOCIALLY OR ECONOMICALLY DISADVAN6 TAGED BUSINESS CONCERN.—The term ‘‘socially or 

7 economically disadvantaged business concern’’ means 

8 a for-profit business enterprise— 

9 (A)(i) that is not less than 51 percent 

10 owned by 1 or more socially or economically dis11 advantaged individuals; or 

12 (ii) that is socially or economically dis13 advantaged; or 

14 (B) the management and daily business 

15 operations of which are controlled by 1 or more 

16 socially or economically disadvantaged individ17 uals. 

18 (15) SOCIALLY OR ECONOMICALLY DISADVAN19 TAGED INDIVIDUAL.— 

20 (A) IN GENERAL.—The term ‘‘socially or 

21 economically disadvantaged individual’’ means 

22 an individual who has been subjected to racial 

23 or ethnic prejudice or cultural bias (or the abil24 ity of whom to compete in the free enterprise 

25 system has been impaired due to diminished 


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1 capital and credit opportunities, as compared to 

2 others in the same line of business and competi3 tive market area) because of the identity of the 

4 individual as a member of a group, without re5 gard to any individual quality of the individual 

6 that is unrelated to that identity. 

7 (B) PRESUMPTION.—In carrying out this 

8 Act, the Under Secretary shall presume that 

9 the term ‘‘socially or economically disadvan10 taged individual’’ includes any individual who 

11 is— 

12 (i) Black or African American; 

13 (ii) Hispanic or Latino; 

14 (iii) American Indian or Alaska Na15 tive; 

16 (iv) Asian; 

17 (v) Native Hawaiian or other Pacific 

18 Islander; or 

19 (vi) a member of a group that the 

20 Agency determines under part 1400 of title 

21 15, Code of Federal Regulations, as in ef22 fect on November 23, 1984, is a socially 

23 disadvantaged group eligible to receive as24 sistance. 


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1 (16) SPECIALTY CENTER.—The term ‘‘specialty 

2 center’’ means an MBDA Business Center that pro3 vides specialty services focusing on specific business 

4 needs, including assistance relating to— 

5 (A) capital access; 

6 (B) Federal procurement; 

7 (C) entrepreneurship; 

8 (D) technology transfer; or 

9 (E) any other area determined necessary 

10 or appropriate based on the priorities of the 

11 Agency. 

12 (17) STATE.—The term ‘‘State’’ means— 

13 (A) each of the States of the United 

14 States; 

15 (B) the District of Columbia; 

16 (C) the Commonwealth of Puerto Rico; 

17 (D) the United States Virgin Islands; 

18 (E) Guam; 

19 (F) American Samoa; 

20 (G) the Commonwealth of the Northern 

21 Mariana Islands; and 

22 (H) each Indian Tribe. 

23 (18) UNDER SECRETARY.—The term ‘‘Under 

24 Secretary’’ means the Under Secretary of Commerce 

25 for Minority Business Development, who is apVerDate Sep 11 2014 01:31 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6401 E:\BILLS\S2068.RS S2068

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1 pointed as described in section 4(b) to administer 

2 this Act. 

3 SEC. 4. MINORITY BUSINESS DEVELOPMENT AGENCY. 

4 (a) IN GENERAL.—There is within the Department 

5 of Commerce the Minority Business Development Agency. 

6 (b) UNDER SECRETARY.— 

7 (1) APPOINTMENT AND DUTIES.—The Agency 

8 shall be headed by the Under Secretary of Com9 merce for Minority Business Development, who 

10 shall— 

11 (A) be appointed by the President, by and 

12 with the advice and consent of the Senate; 

13 (B) except as otherwise expressly provided, 

14 be responsible for the administration of this 

15 Act; and 

16 (C) report directly to the Secretary. 

17 (2) COMPENSATION.— 

18 (A) IN GENERAL.—The Under Secretary 

19 shall be compensated at an annual rate of basic 

20 pay prescribed for level III of the Executive 

21 Schedule under section 5314 of title 5, United 

22 States Code. 

23 (B) TECHNICAL AND CONFORMING AMEND24 MENT.—Section 5314 of title 5, United States 

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1 retary of Commerce for Travel and Tourism’’ 

2 and inserting ‘‘Under Secretary of Commerce 

3 for Travel and Tourism, and Under Secretary 

4 of Commerce for Minority Business Develop5 ment’’. 

6 (c) REPORT TO CONGRESS.—Not later than 120 days 

7 after the date of enactment of this Act, the Secretary shall 

8 submit to Congress a report that describes— 

9 (1) the organizational structure of the Agency; 

10 (2) the organizational position of the Agency 

11 within the Department of Commerce; and 

12 (3) a description of how the Agency shall func13 tion in relation to the operations carried out by each 

14 other component of the Department of Commerce. 

15 (d) OFFICE OF BUSINESS CENTERS.— 

16 (1) ESTABLISHMENT.—There is established 

17 within the Agency the Office of Business Centers. 

18 (2) DIRECTOR.—The Office of Business Cen19 ters shall be administered by a Director, who shall 

20 be appointed by the Under Secretary. 

21 (e) OFFICES OF THE AGENCY.— 

22 (1) IN GENERAL.—In addition to the regional 

23 offices that the Under Secretary is required to estab24 lish under paragraph (2), the Under Secretary shall 


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1 establish such other offices within the Agency as are 

2 necessary to carry out this Act. 

3 (2) REGIONAL OFFICES.— 

4 (A) IN GENERAL.—In order to carry out 

5 this Act, the Under Secretary shall establish a 

6 regional office of the Agency for each of the re7 gions of the United States, as determined by 

8 the Under Secretary. 

9 (B) DUTIES.—Each regional office estab10 lished under subparagraph (A) shall expand the 

11 reach of the Agency and enable the Federal 

12 Government to better serve the needs of minor13 ity business enterprises in the region served by 

14 the office, including by— 

15 (i) understanding and participating in 

16 the business environment of that region; 

17 (ii) working with— 

18 (I) MBDA Business Centers that 

19 are located in that region; 

20 (II) resource and lending part21 ners of other appropriate Federal 

22 agencies that are located in that re23 gion; and 


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1 (III) Federal, State, and local 

2 procurement offices that are located 

3 in that region; 

4 (iii) being aware of business retention 

5 or expansion programs that are specific to 

6 that region; 

7 (iv) seeking out opportunities to col8 laborate with regional public and private 

9 programs that focus on minority business 

10 enterprises; and 

11 (v) promoting business continuity and 

12 preparedness. 

13 TITLE I—EXISTING INITIATIVES 

14 Subtitle A—Market Development, 

15 Research, and Information 

16 SEC. 101. PRIVATE SECTOR DEVELOPMENT. 

17 The Under Secretary shall, whenever the Under Sec18 retary determines such action is necessary or appro19 priate— 

20 (1) provide Federal assistance to minority busi21 ness enterprises operating in domestic and foreign 

22 markets by making available to those business enter23 prises, either directly or in cooperation with private 

24 sector entities, including community-based organiza25 tions and national nonprofit organizations— 


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1 (A) resources relating to management; 

2 (B) technological and technical assistance; 

3 (C) financial, legal, and marketing serv4 ices; and 

5 (D) services relating to workforce develop6 ment; 

7 (2) encourage minority business enterprises to 

8 establish joint ventures and projects— 

9 (A) with other minority business enter10 prises; or 

11 (B) in cooperation with public sector enti12 ties or private sector entities, including commu13 nity-based organizations and national nonprofit 

14 organizations, to increase the share of any mar15 ket activity being performed by minority busi16 ness enterprises; and 

17 (3) facilitate the efforts of private sector enti18 ties and Federal agencies to advance the growth of 

19 minority business enterprises. 

20 SEC. 102. PUBLIC SECTOR DEVELOPMENT. 

21 The Under Secretary shall, whenever the Under Sec22 retary determines such action is necessary or appro23 priate— 

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1 able in the jurisdictions of those public sector enti2 ties to promote the position of minority business en3 terprises in the local economies of those public sector 

4 entities, including by assisting public sector entities 

5 to establish or enhance— 

6 (A) programs to procure goods and serv7 ices through minority business enterprises and 

8 goals for that procurement; 

9 (B) programs offering assistance relating 

10 to— 

11 (i) management; 

12 (ii) technology; 

13 (iii) law; 

14 (iv) financing, including accounting; 

15 (v) marketing; and 

16 (vi) workforce development; and 

17 (C) informational programs designed to in18 form minority business enterprises located in 

19 the jurisdictions of those public sector entities 

20 about the availability of programs described in 

21 this section; 

22 (2) meet with leaders and officials of public sec23 tor entities for the purpose of recommending and 

24 promoting local administrative and legislative initia25 tives needed to advance the position of minority 


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1 business enterprises in the local economies of those 

2 public sector entities; and 

3 (3) facilitate the efforts of public sector entities 

4 and Federal agencies to advance the growth of mi5 nority business enterprises. 

6 SEC. 103. RESEARCH AND INFORMATION. 

7 (a) IN GENERAL.—In order to achieve the purposes 

8 of this Act, the Under Secretary— 

9 (1) shall— 

10 (A) collect and analyze data, including 

11 data relating to the causes of the success or 

12 failure of minority business enterprises; 

13 (B) conduct research, studies, and surveys 

14 of— 

15 (i) economic conditions generally in 

16 the United States; and 

17 (ii) how the conditions described in 

18 clause (i) particularly affect the develop19 ment of minority business enterprises; and 

20 (C) provide outreach, educational services, 

21 and technical assistance in, at a minimum, the 

22 5 most commonly spoken languages in the 

23 United States to ensure that limited-English 

24 proficient individuals receive culturally and linVerDate Sep 11 2014 01:31 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6401 E:\BILLS\S2068.RS S2068

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1 guistically appropriate access to the services 

2 and information provided by the Agency; and 

3 (2) may perform an evaluation of programs car4 ried out by the Under Secretary that are designed 

5 to assist the development of minority business enter6 prises. 

7 (b) INFORMATION CLEARINGHOUSE.—The Under 

8 Secretary shall— 

9 (1) establish and maintain an information clear10 inghouse for the collection and dissemination to rel11 evant parties (including business owners and re12 searchers) of demographic, economic, financial, man13 agerial, and technical data relating to minority busi14 ness enterprises; and 

15 (2) take such steps as the Under Secretary may 

16 determine to be necessary and desirable to— 

17 (A) search for, collect, classify, coordinate, 

18 integrate, record, and catalog the data de19 scribed in paragraph (1); and 

20 (B) in a manner that is consistent with 

21 section 552a of title 5, United States Code, pro22 tect the privacy of the minority business enter23 prises to which the data described in paragraph 

24 (1) relates. 


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1 Subtitle B—Minority Business De2 velopment Agency Business 

3 Center Program 

4 SEC. 111. DEFINITION. 

5 In this subtitle, the term ‘‘MBDA Business Center 

6 Program’’ means the program established under section 

7 113. 

8 SEC. 112. PURPOSE. 

9 The purpose of the MBDA Business Center Program 

10 shall be to create a national network of public-private 

11 partnerships that— 

12 (1) assist minority business enterprises to— 

13 (A) access capital, contracts, and grants; 

14 and 

15 (B) create and maintain jobs; 

16 (2) provide counseling and mentoring to minor17 ity business enterprises; and 

18 (3) facilitate the growth of minority business 

19 enterprises by promoting trade. 

20 SEC. 113. ESTABLISHMENT. 

21 (a) IN GENERAL.—There is established in the Agency 

22 a program— 

23 (1) that shall be known as the MBDA Business 

24 Center Program; 


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1 (2) that shall be separate and distinct from the 

2 efforts of the Under Secretary under section 101; 

3 and 

4 (3) under which the Under Secretary shall 

5 make Federal assistance awards to eligible entities 

6 to operate MBDA Business Centers, which shall, in 

7 accordance with section 114, provide technical as8 sistance and business development services, or spe9 cialty services, to minority business enterprises. 

10 (b) COVERAGE.—The Under Secretary shall take all 

11 necessary actions to ensure that the MBDA Business Cen12 ter Program, in accordance with section 114, offers the 

13 services described in subsection (a)(3) in all regions of the 

14 United States. 

15 SEC. 114. GRANTS AND COOPERATIVE AGREEMENTS. 

16 (a) REQUIREMENTS.—An MBDA Business Center 

17 (referred to in this subtitle as a ‘‘Center’’), with respect 

18 to the Federal financial assistance award made to operate 

19 the Center under the MBDA Business Center Program— 

20 (1) shall— 

21 (A) provide to minority business enter22 prises programs and services determined to be 

23 appropriate by the Under Secretary, which may 

24 include— 


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1 (i) referral services to meet the needs 

2 of minority business enterprises; and 

3 (ii) programs and services to accom4 plish the goals described in section 101(1); 

5 (B) develop, cultivate, and maintain a net6 work of strategic partnerships with organiza7 tions that foster access by minority business en8 terprises to economic markets, capital, or con9 tracts; 

10 (C) continue to upgrade and modify the 

11 services provided by the Center, as necessary, in 

12 order to meet the changing and evolving needs 

13 of the business community; 

14 (D) establish or continue a referral rela15 tionship with not less than 1 community-based 

16 organization; and 

17 (E) collaborate with other Centers; and 

18 (2) in providing programs and services under 

19 the applicable MBDA Business Center agreement, 

20 may— 

21 (A) operate on a fee-for-service basis; or 

22 (B) generate income through the collection 

23 of— 

24 (i) client fees; 

25 (ii) membership fees; and 


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1 (iii) any other appropriate fees pro2 posed by the Center in the application sub3 mitted by the Center under subsection (e). 

4 (b) TERM.—Subject to subsection (g)(3), the term of 

5 an MBDA Business Center agreement shall be not less 

6 than 3 years. 

7 (c) FINANCIAL ASSISTANCE.— 

8 (1) IN GENERAL.—The amount of financial as9 sistance provided by the Under Secretary under an 

10 MBDA Business Center agreement shall be not less 

11 than $250,000 for the term of the agreement. 

12 (2) MATCHING REQUIREMENT.— 

13 (A) IN GENERAL.—A Center shall match 

not less than 1 14 ⁄3 of the amount of the financial 

15 assistance awarded to the Center under the 

16 terms of the applicable MBDA Business Center 

17 agreement, unless the Under Secretary deter18 mines that a waiver of that requirement is nec19 essary after a demonstration by the Center of 

20 a substantial need for that waiver. 

21 (B) FORM OF FUNDS.—A Center may 

22 meet the matching requirement under subpara23 graph (A) by using— 


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1 (i) cash or in-kind contributions, with2 out regard to whether the contribution is 

3 made by a third party; or 

4 (ii) Federal funds received from other 

5 Federal programs. 

6 (3) USE OF FINANCIAL ASSISTANCE AND PRO7 GRAM INCOME.—A Center shall use— 

8 (A) all financial assistance awarded to the 

9 Center under the applicable MBDA Business 

10 Center agreement to carry out subsection (a); 

11 and 

12 (B) all income that the Center generates in 

13 carrying out subsection (a)— 

14 (i) to meet the matching requirement 

15 under paragraph (2) of this subsection; 

16 and 

17 (ii) if the Center meets the matching 

18 requirement under paragraph (2) of this 

19 subsection, to carry out subsection (a). 

20 (d) CRITERIA FOR SELECTION.—The Under Sec21 retary shall— 

22 (1) establish criteria that— 

23 (A) the Under Secretary shall use in deter24 mining whether to enter into an MBDA BusiVerDate Sep 11 2014 01:31 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6401 E:\BILLS\S2068.RS S2068

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1 ness Center agreement with an eligible entity; 

2 and 

3 (B) may include criteria relating to wheth4 er an eligible entity is located in— 

5 (i) an area, the population of which is 

6 composed of not less than 51 percent so7 cially or economically disadvantaged indi8 viduals, as determined in accordance with 

9 data collected by the Bureau of the Cen10 sus; 

11 (ii) a federally recognized area of eco12 nomic distress; or 

13 (iii) a State that is underserved with 

14 respect to the MBDA Business Center 

15 Program, as defined by the Under Sec16 retary; and 

17 (2) make the criteria and standards established 

18 under paragraph (1) publicly available, including— 

19 (A) on the website of the Agency; and 

20 (B) in each Notice of Funding Opportunity 

21 soliciting MBDA Business Center agreements. 

22 (e) APPLICATIONS.—An eligible entity desiring to 

23 enter into an MBDA Business Center agreement shall 

24 submit to the Under Secretary an application that in25 cludes— 


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1 (1) a statement of— 

2 (A) how the eligible entity will carry out 

3 subsection (a); and 

4 (B) any experience or plans of the eligible 

5 entity with respect to— 

6 (i) assisting minority business enter7 prises to— 

8 (I) obtain— 

9 (aa) large-scale contracts, 

10 grants, or procurements; 

11 (bb) financing; or 

12 (cc) legal assistance; 

13 (II) access established supply 

14 chains; and 

15 (III) engage in— 

16 (aa) joint ventures, teaming 

17 arrangements, and mergers and 

18 acquisitions; or 

19 (bb) large-scale transactions 

20 in global markets; 

21 (ii) supporting minority business en22 terprises in increasing the size of the 

23 workforces of those enterprises, including, 

24 with respect to a minority business enter25 prise that does not have employees, aiding 


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1 the minority business enterprise in becom2 ing an enterprise that has employees; and 

3 (iii) advocating for minority business 

4 enterprises; and 

5 (2) the budget and corresponding budget nar6 rative that the eligible entity will use in carrying out 

7 subsection (a) during the term of the applicable 

8 MBDA Business Center agreement. 

9 (f) NOTIFICATION.—If the Under Secretary grants 

10 an application of an eligible entity submitted under sub11 section (e), the Under Secretary shall notify the eligible 

12 entity that the application has been granted not later than 

13 150 days after the last day on which an application may 

14 be submitted under that subsection. 

15 (g) PROGRAM EXAMINATION; ACCREDITATION; EX16 TENSIONS.— 

17 (1) EXAMINATION.—Not later than 180 days 

18 after the date of enactment of this Act, and bienni19 ally thereafter, the Under Secretary shall conduct a 

20 programmatic financial examination of each Center. 

21 (2) ACCREDITATION.—The Under Secretary 

22 may provide financial support, by contract or other23 wise, to an association, not less than 51 percent of 

24 the members of which are Centers, to— 


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1 (A) pursue matters of common concern 

2 with respect to Centers; and 

3 (B) develop an accreditation program with 

4 respect to Centers. 

5 (3) EXTENSIONS.— 

6 (A) IN GENERAL.—The Under Secretary 

7 may extend the term under subsection (b) of an 

8 MBDA Business Center agreement to which a 

9 Center is a party, if the Center consents to the 

10 extension. 

11 (B) FINANCIAL ASSISTANCE.—If the 

12 Under Secretary extends the term of an MBDA 

13 Business Center agreement under paragraph 

14 (1), the Under Secretary shall, in the same 

15 manner and amount in which financial assist16 ance was provided during the initial term of the 

17 agreement, provide financial assistance under 

18 the agreement during the extended term of the 

19 agreement. 

20 (h) MBDA INVOLVEMENT.—The Under Secretary 

21 may take actions to ensure that the Agency is substan22 tially involved in the activities of Centers in carrying out 

23 subsection (a), including by— 

24 (1) providing to each Center training relating to 

25 the MBDA Business Center Program; 


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1 (2) requiring that the operator and staff of 

2 each Center— 

3 (A) attend— 

4 (i) a conference with the Agency to 

5 establish the services and programs that 

6 the Center will provide in carrying out the 

7 requirements before the date on which the 

8 Center begins providing those services and 

9 programs; and 

10 (ii) training provided under paragraph 

11 (1); 

12 (B) receive necessary guidance relating to 

13 carrying out the requirements under subsection 

14 (a); and 

15 (C) work in coordination and collaboration 

16 with the Under Secretary to carry out the 

17 MBDA Business Center Program and other 

18 programs of the Agency; 

19 (3) facilitating connections between Centers 

20 and— 

21 (A) Federal agencies other than the Agen22 cy, as appropriate; and 

23 (B) other institutions or entities that use 

24 Federal resources, such as— 


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1 (i) small business development cen2 ters, as that term is defined in section 3(t) 

3 of the Small Business Act (15 U.S.C. 

4 632(t)); 

5 (ii) women’s business centers de6 scribed in section 29 of the Small Business 

7 Act (15 U.S.C. 656); 

8 (iii) eligible entities, as that term is 

9 defined in section 2411 of title 10, United 

10 States Code, that provide services under 

11 the program carried out under chapter 142 

12 of that title; and 

13 (iv) entities participating in the Hol14 lings Manufacturing Extension Partnership 

15 Program established under section 25 of 

16 the National Institute of Standards and 

17 Technology Act (15 U.S.C. 278k); 

18 (4) monitoring projects carried out by each 

19 Center; and 

20 (5) establishing and enforcing administrative 

21 and reporting requirements for each Center to carry 

22 out subsection (a). 

23 (i) REGULATIONS.—The Under Secretary shall issue 

24 and publish regulations that establish minimum standards 

25 regarding verification of minority business enterprise staVerDate Sep 11 2014 01:31 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6401 E:\BILLS\S2068.RS S2068

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1 tus for clients of entities operating under the MBDA Busi2 ness Center Program. 

3 SEC. 115. MINIMIZING DISRUPTIONS TO EXISTING MBDA 

4 BUSINESS CENTER PROGRAM. 

5 The Under Secretary shall ensure that each Federal 

6 assistance award made under the Business Centers pro7 gram of the Agency, as is in effect on the day before the 

8 date of enactment of this Act, is carried out in a manner 

9 that, to the greatest extent practicable, prevents disrup10 tion of any activity carried out under that award. 

11 SEC. 116. PUBLICITY. 

12 In carrying out the MBDA Business Center Pro13 gram, the Under Secretary shall widely publicize the 

14 MBDA Business Center Program, including— 

15 (1) on the website of the Agency; 

16 (2) via social media outlets; and 

17 (3) by sharing information relating to the 

18 MBDA Business Center Program with community19 based organizations, including interpretation groups 

20 where necessary, to communicate in the most com21 mon languages spoken by the groups served by those 

22 organizations. 


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1 TITLE II—NEW INITIATIVES TO 

2 PROMOTE ECONOMIC RESIL3 IENCY FOR MINORITY BUSI4 NESSES 

5 SEC. 201. ANNUAL DIVERSE BUSINESS FORUM ON CAPITAL 

6 FORMATION. 

7 (a) RESPONSIBILITY OF AGENCY.—Not later than 18 

8 months after the date of enactment of this Act, and annu9 ally thereafter, the Under Secretary shall conduct a Gov10 ernment-business forum to review the current status of 

11 problems and programs relating to capital formation by 

12 minority business enterprises. 

13 (b) PARTICIPATION IN FORUM PLANNING.—The 

14 Under Secretary shall invite the heads of other Federal 

15 agencies, such as the Chairman of the Securities and Ex16 change Commission, the Secretary of the Treasury, and 

17 the Chairman of the Board of Governors of the Federal 

18 Reserve System, organizations representing State securi19 ties commissioners, representatives of leading minority 

20 chambers of commerce, not less than 1 certified owner of 

21 a minority business enterprise, business organizations, 

22 and professional organizations concerned with capital for23 mation to participate in the planning of each forum con24 ducted under subsection (a). 

25 (c) PREPARATION OF STATEMENTS AND REPORTS.— 


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1 (1) REQUESTS.—The Under Secretary may re2 quest that any head of a Federal department, agen3 cy, or organization, including those described in sub4 section (b), or any other group or individual, prepare 

5 a statement or report to be delivered at any forum 

6 conducted under subsection (a). 

7 (2) COOPERATION.—Any head of a Federal de8 partment, agency, or organization who receives a re9 quest under paragraph (1) shall, to the greatest ex10 tent practicable, cooperate with the Under Secretary 

11 to fulfill that request. 

12 (d) TRANSMITTAL OF PROCEEDINGS AND FIND13 INGS.—The Under Secretary shall— 

14 (1) prepare a summary of the proceedings of 

15 each forum conducted under subsection (a), which 

16 shall include the findings and recommendations of 

17 the forum; and 

18 (2) transmit the summary described in para19 graph (1) with respect to each forum conducted 

20 under subsection (a) to— 

21 (A) the participants in the forum; 

22 (B) Congress; and 

23 (C) the public, through a publicly available 

24 website. 


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1 (e) REVIEW OF FINDINGS AND RECOMMENDATIONS; 

2 PUBLIC STATEMENTS.— 

3 (1) IN GENERAL.—A Federal agency to which 

4 a finding or recommendation described in subsection 

5 (d)(1) relates shall— 

6 (A) review that finding or recommenda7 tion; and 

8 (B) promptly after the finding or rec9 ommendation is transmitted under subsection 

10 (d)(2)(C), issue a public statement— 

11 (i) assessing the finding or rec12 ommendation; and 

13 (ii) disclosing the action, if any, the 

14 Federal agency intends to take with re15 spect to the finding or recommendation. 

16 (2) JOINT STATEMENT PERMITTED.—If a find17 ing or recommendation described in subsection 

18 (d)(1) relates to more than 1 Federal agency, the 

19 applicable Federal agencies may, for the purposes of 

20 the public statement required under paragraph 

21 (1)(B), issue a joint statement. 

22 SEC. 202. AGENCY STUDY ON ALTERNATIVE FINANCING SO23 LUTIONS. 

24 (a) PURPOSE.—The purpose of this section is to pro25 vide information relating to alternative financing solutions 


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1 to minority business enterprises, as those business enter2 prises are more likely to struggle in accessing, particularly 

3 at affordable rates, traditional sources of capital. 

4 (b) STUDY AND REPORT.—Not later than 1 year 

5 after the date of enactment of this Act, the Under Sec6 retary shall— 

7 (1) conduct a study on opportunities for pro8 viding alternative financing solutions to minority 

9 business enterprises; and 

10 (2) submit to Congress, and publish on the 

11 website of the Agency, a report describing the find12 ings of the study carried out under paragraph (1). 

13 SEC. 203. EDUCATIONAL DEVELOPMENT RELATING TO 

14 MANAGEMENT AND ENTREPRENEURSHIP. 

15 (a) DUTIES.—The Under Secretary shall, whenever 

16 the Under Secretary determines such action is necessary 

17 or appropriate— 

18 (1) promote the education and training of so19 cially or economically disadvantaged individuals in 

20 subjects directly relating to business administration 

21 and management; 

22 (2) encourage institutions of higher education, 

23 leaders in business and industry, and other public 

24 sector entities and private sector entities, particu25 larly minority business enterprises, to— 


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1 (A) develop programs to offer scholarships 

2 and fellowships, apprenticeships, and intern3 ships relating to business to socially or economi4 cally disadvantaged individuals; and 

5 (B) sponsor seminars, conferences, and 

6 similar activities relating to business for the 

7 benefit of socially or economically disadvan8 taged individuals; 

9 (3) stimulate and accelerate curriculum design 

10 and improvement in support of development of mi11 nority business enterprises; and 

12 (4) encourage and assist private institutions 

13 and organizations and public sector entities to un14 dertake activities similar to the activities described 

15 in paragraphs (1), (2), and (3). 

16 (b) PARREN J. MITCHELL ENTREPRENEURSHIP

17 EDUCATION GRANTS.— 

18 (1) DEFINITION.—In this subsection, the term 

19 ‘‘eligible institution’’ means an institution of higher 

20 education described in any of paragraphs (1) 

21 through (7) of section 371(a) of the Higher Edu22 cation Act of 1965 (20 U.S.C. 1067q(a)). 

23 (2) GRANTS.—The Under Secretary shall award 

24 grants to eligible institutions to develop and imple25 ment entrepreneurship curricula. 


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1 (3) REQUIREMENTS.—An eligible institution to 

2 which a grant is awarded under this subsection shall 

3 use the grant funds to— 

4 (A) develop a curriculum that includes 

5 training in various skill sets needed by contem6 porary successful entrepreneurs, including— 

7 (i) business management and mar8 keting; 

9 (ii) financial management and ac10 counting; 

11 (iii) market analysis; 

12 (iv) competitive analysis; 

13 (v) innovation; 

14 (vi) strategic and succession planning; 

15 (vii) marketing; and 

16 (viii) any other skill set that the eligi17 ble institution determines is necessary for 

18 the students served by the eligible institu19 tion and the community in which the eligi20 ble institution is located; and 

21 (B) implement the curriculum developed 

22 under subparagraph (A) at the eligible institu23 tion. 

24 (4) IMPLEMENTATION TIMELINE.—The Under 

25 Secretary shall establish and publish a timeline 


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1 under which an eligible institution to which a grant 

2 is awarded under this section shall carry out the re3 quirements under paragraph (3). 

4 (5) REPORTS.—Each year, the Under Secretary 

5 shall submit to all applicable committees of Con6 gress, and as part of the annual budget submission 

7 of the President under section 1105(a) of title 31, 

8 United States Code, a report evaluating the award9 ing and use of grants under this subsection during 

10 the fiscal year immediately preceding the date on 

11 which the report is submitted, which shall include, 

12 with respect to that fiscal year— 

13 (A) a description of each curriculum devel14 oped and implemented under each grant award15 ed under this section; 

16 (B) the date on which each grant awarded 

17 under this section was awarded; and 

18 (C) the number of eligible entities that 

19 were recipients of grants awarded under this 

20 section. 

21 TITLE III—RURAL MINORITY 

22 BUSINESS CENTER PROGRAM 

23 SEC. 301. DEFINITIONS. 

24 In this title: 


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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Commerce, Science, 

5 and Transportation of the Senate; and 

6 (B) the Committee on Financial Services 

7 of the House of Representatives. 

8 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti9 ty’’ means— 

10 (A) a part B institution; or 

11 (B) a consortium of institutions of higher 

12 education that is led by a part B institution. 

13 (3) MBDA RURAL BUSINESS CENTER.—The 

14 term ‘‘MBDA Rural Business Center’’ means an 

15 MBDA Business Center that provides technical busi16 ness assistance to minority business enterprises lo17 cated in rural areas. 

18 (4) MBDA RURAL BUSINESS CENTER AGREE19 MENT.—The term ‘‘MBDA Rural Business Center 

20 agreement’’ means an MBDA Business Center 

21 agreement that establishes the terms by which the 

22 recipient of the Federal assistance award that is the 

23 subject of the agreement shall operate an MBDA 

24 Rural Business Center. 


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1 (5) PART B INSTITUTION.—The term ‘‘part B 

2 institution’’ has the meaning given the term in sec3 tion 322 of the Higher Education Act of 1965 (20 

4 U.S.C. 1061). 

5 (6) RURAL AREA.—The term ‘‘rural area’’ has 

6 the meaning given the term in section 343(a) of the 

7 Consolidated Farm and Rural Development Act (7 

8 U.S.C. 1991(a)). 

9 (7) RURAL MINORITY BUSINESS ENTERPRISE.— 

10 The term ‘‘rural minority business enterprise’’ 

11 means a minority business enterprise located in a 

12 rural area. 

13 SEC. 302. BUSINESS CENTERS. 

14 (a) IN GENERAL.—The Under Secretary may estab15 lish MBDA Rural Business Centers. 

16 (b) PARTNERSHIP.— 

17 (1) IN GENERAL.—With respect to an MBDA 

18 Rural Business Center established by the Under 

19 Secretary, the Under Secretary shall establish the 

20 MBDA Rural Business Center in partnership with 

21 an eligible entity in accordance with paragraph (2). 

22 (2) MBDA AGREEMENT.— 

23 (A) IN GENERAL.—With respect to each 

24 MBDA Rural Business Center established by 

25 the Under Secretary, the Under Secretary shall 


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1 enter into a cooperative agreement with an eli2 gible entity that provides that— 

3 (i) the eligible entity shall provide 

4 space, facilities, and staffing for the 

5 MBDA Rural Business Center; 

6 (ii) the Under Secretary shall provide 

7 funding for, and oversight with respect to, 

8 the MBDA Rural Business Center; and 

9 (iii) subject to subparagraph (B), the 

10 eligible entity shall match 20 percent of 

11 the amount of the funding provided by the 

12 Under Secretary under clause (ii), which 

13 may be calculated to include the costs of 

14 providing the space, facilities, and staffing 

15 under clause (i). 

16 (B) LOWER MATCH REQUIREMENT.— 

17 Based on the available resources of an eligible 

18 entity, the Under Secretary may enter into a 

19 cooperative agreement with the eligible entity 

20 that provides that— 

21 (i) the eligible entity shall match less 

22 than 20 percent of the amount of the fund23 ing provided by the Under Secretary under 

24 subparagraph (A)(ii); or 


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1 (ii) if the Under Secretary makes a 

2 determination, upon a demonstration by 

3 the eligible entity of substantial need, the 

4 eligible entity shall not be required to pro5 vide any match with respect to the funding 

6 provided by the Under Secretary under 

7 subparagraph (A)(ii). 

8 (C) ELIGIBLE FUNDS.—An eligible entity 

9 may provide matching funds required under an 

10 MBDA Rural Business Center agreement with 

11 Federal funds received from other Federal pro12 grams. 

13 (3) TERM.—The initial term of an MBDA 

14 Rural Business Center agreement shall be not less 

15 than 3 years. 

16 (4) EXTENSION.—The Under Secretary and an 

17 eligible entity may agree to extend the term of an 

18 MBDA Rural Business Center agreement with re19 spect to an MBDA Rural Business Center. 

20 (c) FUNCTIONS.—An MBDA Rural Business Center 

21 shall— 

22 (1) primarily serve clients that are— 

23 (A) rural minority business enterprises; or 

24 (B) minority business enterprises that are 

25 located more than 50 miles from an MBDA 


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1 Business Center (other than that MBDA Rural 

2 Business Center); 

3 (2) focus on— 

4 (A) issues relating to— 

5 (i) the adoption of broadband internet 

6 access service (as defined in section 8.1(b) 

7 of title 47, Code of Federal Regulations, or 

8 any successor regulation), digital literacy 

9 skills, and e-commerce by rural minority 

10 business enterprises; 

11 (ii) advanced manufacturing; 

12 (iii) the promotion of manufacturing 

13 in the United States; 

14 (iv) ways in which rural minority busi15 ness enterprises can meet gaps in the sup16 ply chain of critical supplies and essential 

17 goods and services for the United States; 

18 (v) improving the connectivity of rural 

19 minority business enterprises through 

20 transportation and logistics; 

21 (vi) promoting trade and export op22 portunities by rural minority business en23 terprises; 

24 (vii) securing financial capital; 


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1 (viii) facilitating entrepreneurship in 

2 rural areas; and 

3 (ix) creating jobs in rural areas; and 

4 (B) any other issue relating to the unique 

5 challenges faced by rural minority business en6 terprises; and 

7 (3) provide education, training, and legal, finan8 cial, and technical assistance to minority business 

9 enterprises. 

10 (d) APPLICATIONS.— 

11 (1) IN GENERAL.—Not later than 90 days after 

12 the date of enactment of this Act, the Under Sec13 retary shall issue a Notice of Funding Opportunity 

14 requesting applications from eligible entities that de15 sire to enter into MBDA Rural Business Center 

16 agreements. 

17 (2) CRITERIA AND PRIORITY.—In selecting an 

18 eligible entity with which to enter into an MBDA 

19 Rural Business Center agreement, the Under Sec20 retary shall— 

21 (A) select an eligible entity that dem22 onstrates— 

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1 terprises through public-private partner2 ships; 

3 (ii) the research and extension capac4 ity to support minority business enter5 prises; 

6 (iii) knowledge of the community that 

7 the eligible entity serves and the ability to 

8 conduct effective outreach to that commu9 nity to advance the goals of an MBDA 

10 Rural Business Center; 

11 (iv) the ability to provide innovative 

12 business solutions, including access to con13 tracting opportunities, markets, and cap14 ital; 

15 (v) the ability to provide services that 

16 advance the development of science, tech17 nology, engineering, and math jobs within 

18 minority business enterprises; 

19 (vi) the ability to leverage resources 

20 from within the eligible entity to advance 

21 an MBDA Rural Business Center; 

22 (vii) that the mission of the eligible 

23 entity aligns with the mission of the Agen24 cy; 


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1 (viii) the ability to leverage relation2 ships with rural minority business enter3 prises; and 

4 (ix) a referral relationship with not 

5 less than 1 community-based organization; 

6 and 

7 (B) give priority to an eligible entity lo8 cated in a State or region that— 

9 (i) lacks an MBDA Business Center, 

10 as of the date of enactment of this Act; or 

11 (ii) has a significant population of so12 cially or economically disadvantaged indi13 viduals. 

14 SEC. 303. REPORT TO CONGRESS. 

15 Not later than 1 year after the date of enactment 

16 of this Act, the Under Secretary shall submit to the appro17 priate congressional committees a report that includes— 

18 (1) a summary of the efforts of the Under Sec19 retary to provide services to minority business enter20 prises located in States that lack an MBDA Busi21 ness Center, as of the date of enactment of this Act, 

22 and especially in those States that have significant 

23 minority populations; and 

24 (2) recommendations for extending the outreach 

25 of the Agency to underserved areas. 


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1 SEC. 304. STUDY AND REPORT. 

2 (a) IN GENERAL.—The Under Secretary, in coordi3 nation with relevant leadership of the Agency and relevant 

4 individuals outside of the Department of Commerce, shall 

5 conduct a study that addresses the ways in which minority 

6 business enterprises can meet gaps in the supply chain of 

7 the United States, with a particular focus on the supply 

8 chain of advanced manufacturing and essential goods and 

9 services. 

10 (b) REPORT.—Not later than 1 year after the date 

11 of enactment of this Act, the Under Secretary shall submit 

12 to the appropriate congressional committees a report that 

13 includes the results of the study conducted under sub14 section (a), which shall include recommendations regard15 ing the ways in which minority business enterprises can 

16 meet gaps in the supply chain of the United States. 

17 TITLE IV—MINORITY BUSINESS 

18 DEVELOPMENT GRANTS 

19 SEC. 401. GRANTS TO NONPROFIT ORGANIZATIONS THAT 

20 SUPPORT MINORITY BUSINESS ENTER21 PRISES. 

22 (a) DEFINITION.—In this section, the term ‘‘covered 

23 entity’’ means a private nonprofit organization that— 

24 (1) is described in paragraph (3), (4), (5), or 

25 (6) of section 501(c) of the Internal Revenue Code 


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1 of 1986 and exempt from tax under section 501(a) 

2 of such Code; and 

3 (2) can demonstrate that a primary activity of 

4 the organization is to provide services to minority 

5 business enterprises, whether through education, 

6 making grants or loans, or other similar activities. 

7 (b) PURPOSE.—The purpose of this section is to 

8 make grants to covered entities to help those covered enti9 ties continue the necessary work of supporting minority 

10 business enterprises. 

11 (c) ESTABLISHMENT OF OFFICE.—Not later than 

12 180 days after the date of enactment of this Act, the 

13 Under Secretary shall establish within the Agency an of14 fice that has adequate staffing to make and administer 

15 grants under this section. 

16 (d) APPLICATION.—A covered entity desiring a grant 

17 under this section shall submit to the Under Secretary an 

18 application at such time, in such manner, and containing 

19 such information as the Under Secretary may require. 

20 (e) PRIORITY.—The Under Secretary shall, in car21 rying out this section, prioritize granting an application 

22 submitted by a covered entity that is located in a federally 

23 recognized area of economic distress. 

24 (f) USE OF FUNDS.—A covered entity to which a 

25 grant is made under this section may use the grant funds 


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1 to support the development, growth, or retention of minor2 ity business enterprises. 

3 (g) PROCEDURES.—The Under Secretary shall estab4 lish procedures to— 

5 (1) discourage and prevent waste, fraud, and 

6 abuse by applicants for, and recipients of, grants 

7 made under this section; and 

8 (2) ensure that grants are made under this sec9 tion to a diverse array of covered entities, includ10 ing— 

11 (A) covered entities with a national pres12 ence; 

13 (B) community-based covered entities; 

14 (C) covered entities with annual budgets 

15 below $1,000,000; and 

16 (D) covered entities that principally serve 

17 low-income and rural communities. 

18 (h) INSPECTOR GENERAL AUDIT.—Not later than 

19 180 days after the date on which the Under Secretary be20 gins making grants under this section, the Inspector Gen21 eral of the Department of Commerce shall— 

22 (1) conduct an audit of grants made under this 

23 section, which shall seek to identify any discrep24 ancies or irregularities with respect to those grants; 

25 and 


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1 (2) submit to Congress a report regarding the 

2 audit conducted under paragraph (1). 

3 (i) UPDATES TO CONGRESS.—Not later than 90 days 

4 after the date on which the Under Secretary establishes 

5 the office described in subsection (c), and once every 30 

6 days thereafter, the Under Secretary shall submit to Con7 gress a report that contains— 

8 (1) the number of grants made under this sec9 tion during the period covered by the report; and 

10 (2) with respect to the grants described in para11 graph (1)— 

12 (A) the geographic distribution of those 

13 grants by State and county; 

14 (B) if applicable, demographic information 

15 with respect to the minority business enter16 prises served by the covered entities to which 

17 the grants were made; and 

18 (C) information regarding the industries of 

19 the minority business enterprises served by the 

20 covered entities to which the grants were made. 


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1 TITLE V—MINORITY BUSINESS 

2 ENTERPRISES ADVISORY 

3 COUNCIL 

4 SEC. 501. PURPOSE. 

5 The Under Secretary shall establish the Minority 

6 Business Enterprises Advisory Council (referred to in this 

7 title as the ‘‘Council’’) to advise and assist the Agency. 

8 SEC. 502. COMPOSITION AND TERM. 

9 (a) COMPOSITION.—The Council shall be composed 

10 of 9 members of the private sector and 1 representative 

11 from each of not fewer than 10 Federal agencies that sup12 port or otherwise have duties that relate to business for13 mation, including duties relating to labor development, 

14 monetary policy, national security, energy, agriculture, 

15 transportation, and housing. 

16 (b) CHAIR.—The Under Secretary shall designate 1 

17 of the private sector members of the Council as the Chair 

18 of the Council for a 1-year term. 

19 (c) TERM.—The Council shall meet at the request of 

20 the Under Secretary and members shall serve for a term 

21 of 2 years. Members of the Council may be reappointed. 

22 SEC. 503. DUTIES. 

23 (a) IN GENERAL.—The Council shall provide advice 

24 to the Under Secretary by— 


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1 (1) serving as a source of knowledge and infor2 mation on developments in areas of the economic 

3 and social life of the United States that affect so4 cially or economically disadvantaged business con5 cerns; 

6 (2) providing the Under Secretary with infor7 mation regarding plans, programs, and activities in 

8 the public and private sectors that relate to socially 

9 or economically disadvantaged business concerns; 

10 and 

11 (3) advising the Under Secretary regarding— 

12 (A) any measures to better achieve the ob13 jectives of this Act; and 

14 (B) problems and matters the Under Sec15 retary refers to the Council. 

16 (b) CAPACITY.—Members of the Council shall not be 

17 compensated for service on the Council but may be allowed 

18 travel expenses, including per diem in lieu of subsistence, 

19 in accordance with subchapter I of chapter 57 of title 5, 

20 United States Code. 

21 (c) TERMINATION.—Notwithstanding section 14 of 

22 the Federal Advisory Committee Act (5 U.S.C. App.), the 

23 Council shall terminate on the date that is 5 years after 

24 the date of enactment of this Act. 


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1 TITLE VI—FEDERAL COORDINA2 TION OF MINORITY BUSINESS 

3 PROGRAMS 

4 SEC. 601. GENERAL DUTIES. 

5 The Under Secretary may coordinate, as consistent 

6 with law, the plans, programs, and operations of the Fed7 eral Government that affect, or may contribute to, the es8 tablishment, preservation, and strengthening of socially or 

9 economically disadvantaged business concerns. 

10 SEC. 602. PARTICIPATION OF FEDERAL DEPARTMENTS AND 

11 AGENCIES. 

12 The Under Secretary shall— 

13 (1) consult with other Federal departments and 

14 agencies as appropriate to— 

15 (A) develop policies, comprehensive plans, 

16 and specific program goals for the programs 

17 carried out under subtitle B of title I and title 

18 III; 

19 (B) establish regular performance moni20 toring and reporting systems to ensure that 

21 goals established by the Under Secretary with 

22 respect to the implementation of this Act are 

23 being achieved; and 

24 (C) evaluate the impact of Federal support 

25 of socially or economically disadvantaged busiVerDate Sep 11 2014 01:31 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6401 E:\BILLS\S2068.RS S2068

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1 ness concerns in achieving the objectives of this 

2 Act; 

3 (2) conduct a coordinated review of all proposed 

4 Federal training and technical assistance activities 

5 in direct support of the programs carried out under 

6 subtitle B of title I and title III to ensure consist7 ency with program goals and to avoid duplication; 

8 and 

9 (3) convene, for purposes of coordination, meet10 ings of the heads of such departments and agencies, 

11 or their designees, the programs and activities of 

12 which may affect or contribute to the carrying out 

13 of this Act. 

14 TITLE VII—ADMINISTRATIVE 

15 POWERS OF THE AGENCY; 

16 MISCELLANEOUS PROVI17 SIONS 

18 SEC. 701. ADMINISTRATIVE POWERS. 

19 (a) IN GENERAL.—In carrying out this Act, the 

20 Under Secretary may— 

21 (1) adopt and use a seal for the Agency, which 

22 shall be judicially noticed; 

23 (2) hold hearings, sit and act, and take testi24 mony as the Under Secretary may determine to be 

25 necessary or appropriate to carry out this Act; 


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1 (3) acquire, in any lawful manner, any property 

2 that the Under Secretary determines to be necessary 

3 or appropriate to carry out this Act; 

4 (4) with the consent of another Federal agency, 

5 enter into an agreement with that Federal agency to 

6 utilize, with or without reimbursement, any service, 

7 equipment, personnel, or facility of that Federal 

8 agency; and 

9 (5) coordinate with the heads of the Offices of 

10 Small and Disadvantaged Business Utilization of 

11 Federal agencies. 

12 (b) USE OF PROPERTY.— 

13 (1) IN GENERAL.—Subject to paragraph (2), in 

14 carrying out this Act, the Under Secretary may, 

15 without cost (except for costs of care and handling), 

16 allow any public sector entity, or any recipient non17 profit organization, for the purpose of the develop18 ment of minority business enterprises, to use any 

19 real or tangible personal property acquired by the 

20 Agency in carrying out this Act. 

21 (2) TERMS, CONDITIONS, RESERVATIONS, AND

22 RESTRICTIONS.—The Under Secretary may impose 

23 reasonable terms, conditions, reservations, and re24 strictions upon the use of any property under para25 graph (1). 


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1 SEC. 702. FEDERAL ASSISTANCE. 

2 (a) IN GENERAL.— 

3 (1) PROVISION OF FEDERAL ASSISTANCE.—To 

4 carry out sections 101, 102, and 103(a), the Under 

5 Secretary may provide Federal assistance to public 

6 sector entities and private sector entities in the form 

7 of grants or cooperative agreements. 

8 (2) NOTICE.—Not later than 120 days after the 

9 date on which amounts are appropriated to carry 

10 out this section, the Under Secretary shall, in ac11 cordance with subsection (b), broadly publish a 

12 statement regarding Federal assistance that will, or 

13 may, be provided under paragraph (1) during the 

14 fiscal year for which those amounts are appro15 priated, including— 

16 (A) the actual, or anticipated, amount of 

17 Federal assistance that will, or may, be made 

18 available; 

19 (B) the types of Federal assistance that 

20 will, or may, be made available; 

21 (C) the manner in which Federal assist22 ance will be allocated among public sector enti23 ties and private sector entities, as applicable; 

24 and 


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1 (D) the methodology used by the Under 

2 Secretary to make allocations under subpara3 graph (C). 

4 (3) CONSULTATION.—The Under Secretary 

5 shall consult with public sector entities and private 

6 sector entities, as applicable, in deciding the 

7 amounts and types of Federal assistance to make 

8 available under paragraph (1). 

9 (b) PUBLICITY.—In carrying out this section, the 

10 Under Secretary shall broadly publicize all opportunities 

11 for Federal assistance available under this section, includ12 ing through the means required under section 116. 

13 SEC. 703. RECORDKEEPING. 

14 (a) IN GENERAL.—Each recipient of assistance 

15 under this Act shall keep such records as the Under Sec16 retary shall prescribe, including records that fully disclose, 

17 with respect to the assistance received by the recipient 

18 under this Act— 

19 (1) the amount and nature of that assistance; 

20 (2) the disposition by the recipient of the pro21 ceeds of that assistance; 

22 (3) the total cost of the undertaking for which 

23 the assistance is given or used; 

24 (4) the amount and nature of the portion of the 

25 cost of the undertaking described in paragraph (3) 


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1 that is supplied by a source other than the Agency; 

2 and 

3 (5) any other record that will facilitate an effec4 tive audit with respect to the assistance. 

5 (b) ACCESS BY GOVERNMENT OFFICIALS.—The 

6 Under Secretary, the Inspector General of the Department 

7 of Commerce, and the Comptroller General of the United 

8 States, or any duly authorized representative of any such 

9 individual, shall have access, for the purpose of audit, in10 vestigation, and examination, to any book, document, 

11 paper, record, or other material of the Agency or an 

12 MBDA Business Center. 

13 SEC. 704. REVIEW AND REPORT BY COMPTROLLER GEN14 ERAL. 

15 Not later than 4 years after the date of enactment 

16 of this Act, the Comptroller General of the United States 

17 shall— 

18 (1) conduct a thorough review of the programs 

19 carried out under this Act; and 

20 (2) submit to Congress a detailed report of the 

21 findings of the Comptroller General of the United 

22 States under the review carried out under paragraph 

23 (1), which shall include— 


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1 (A) an evaluation of the effectiveness of 

2 the programs in achieving the purposes of this 

3 Act; 

4 (B) a description of any failure by any re5 cipient of assistance under this Act to comply 

6 with the requirements under this Act; and 

7 (C) recommendations for any legislative or 

8 administrative action that should be taken to 

9 improve the achievement of the purposes of this 

10 Act. 

11 SEC. 705. BIANNUAL REPORTS; RECOMMENDATIONS. 

12 (a) BIANNUAL REPORT.—Not later than 1 year after 

13 the date of enactment of this Act, and 90 days after the 

14 last day of each odd-numbered year thereafter, the Under 

15 Secretary shall submit to Congress, and publish on the 

16 website of the Agency, a report of each activity of the 

17 Agency carried out under this Act during the period cov18 ered by the report. 

19 (b) RECOMMENDATIONS.—The Under Secretary shall 

20 periodically submit to Congress and the President rec21 ommendations for legislation or other actions that the 

22 Under Secretary determines to be necessary or appro23 priate to promote the purposes of this Act. 


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1 SEC. 706. SEPARABILITY. 

2 If a provision of this Act, or the application of a pro3 vision of this Act to any person or circumstance, is held 

4 by a court of competent jurisdiction to be invalid, that 

5 judgment— 

6 (1) shall not affect, impair, or invalidate— 

7 (A) any other provision of this Act; or 

8 (B) the application of this Act to any other 

9 person or circumstance; and 

10 (2) shall be confined in its operation to— 

11 (A) the provision of this Act with respect 

12 to which the judgment is rendered; or 

13 (B) the application of the provision of this 

14 Act to each person or circumstance directly in15 volved in the controversy in which the judgment 

16 is rendered. 

17 SEC. 707. EXECUTIVE ORDER 11625. 

18 The powers and duties of the Agency shall be deter19 mined— 

20 (1) in accordance with this Act and the require21 ments of this Act; and 

22 (2) without regard to Executive Order 11625 

23 (36 Fed. Reg. 19967; relating to prescribing addi24 tional arrangements for developing and coordinating 

25 a national program for minority business enter26 prise). 


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1 SEC. 708. AMENDMENT TO THE FEDERAL ACQUISITION 

2 STREAMLINING ACT OF 1994. 

3 Section 7104(c) of the Federal Acquisition Stream4 lining Act of 1994 (15 U.S.C. 644a(c)) is amended by 

5 striking paragraph (2) and inserting the following: 

6 ‘‘(2) The Under Secretary of Commerce for Mi7 nority Business Development.’’. 

8 SEC. 709. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated to the Under 

10 Secretary $100,000,000 for each of fiscal years 2021 

11 through 2025 to carry out this Act, of which— 

12 (1) a majority shall be used in each such fiscal 

13 year to carry out the MBDA Business Center Pro14 gram under subtitle B of title I, including the com15 ponent of that program relating to specialty centers; 

16 and 

17 (2) $10,000,000 shall be used in each such fis18 cal year to carry out title III. 

19 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

20 (a) SHORT TITLE.—This Act may be cited as the ‘‘Mi21 nority Business Development Act of 2021’’. 

22 (b) TABLE OF CONTENTS.—The table of contents for 

23 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Minority Business Development Agency. 


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TITLE I—EXISTING INITIATIVES 

Subtitle A—Market Development, Research, and Information 

Sec. 101. Private sector development. 

Sec. 102. Public sector development. 

Sec. 103. Research and information. 

Subtitle B—Minority Business Development Agency Business Center Program 

Sec. 111. Definition. 

Sec. 112. Purpose. 

Sec. 113. Establishment. 

Sec. 114. Grants and cooperative agreements. 

Sec. 115. Minimizing disruptions to existing MBDA Business Center program. 

Sec. 116. Publicity. 

TITLE II—NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY 

FOR MINORITY BUSINESSES 

Sec. 201. Annual diverse business forum on capital formation. 

Sec. 202. Agency study on alternative financing solutions. 

Sec. 203. Educational development relating to management and entrepreneurship. 

TITLE III—RURAL MINORITY BUSINESS CENTER PROGRAM 

Sec. 301. Definitions. 

Sec. 302. Business centers. 

Sec. 303. Report to Congress. 

Sec. 304. Study and report. 

TITLE IV—MINORITY BUSINESS DEVELOPMENT GRANTS 

Sec. 401. Grants to nonprofit organizations that support minority business enterprises. 

TITLE V—MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL 

Sec. 501. Purpose. 

Sec. 502. Composition and term. 

Sec. 503. Duties. 

TITLE VI—FEDERAL COORDINATION OF MINORITY BUSINESS 

PROGRAMS 

Sec. 601. General duties. 

Sec. 602. Participation of Federal departments and agencies. 

TITLE VII—ADMINISTRATIVE POWERS OF THE AGENCY; 

MISCELLANEOUS PROVISIONS 

Sec. 701. Administrative powers. 

Sec. 702. Federal assistance. 

Sec. 703. Recordkeeping. 

Sec. 704. Review and report by Comptroller General. 

Sec. 705. Biannual reports; recommendations. 

Sec. 706. Severability. 

Sec. 707. Executive Order 11625. 

Sec. 708. Authorization of appropriations. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) AGENCY.—The term ‘‘Agency’’ means the Mi4 nority Business Development Agency of the Depart5 ment of Commerce. 

6 (2) COMMUNITY-BASED ORGANIZATION.—The 

7 term ‘‘community-based organization’’ has the mean8 ing given the term in section 8101 of the Elementary 

9 and Secondary Education Act of 1965 (20 U.S.C. 

10 7801). 

11 (3) ELIGIBLE ENTITY.—Except as otherwise ex12 pressly provided, the term ‘‘eligible entity’’— 

13 (A) means— 

14 (i) a private sector entity; 

15 (ii) a public sector entity; or 

16 (iii) a Native entity; and 

17 (B) includes an institution of higher edu18 cation. 

19 (4) FEDERAL AGENCY.—The term ‘‘Federal agen20 cy’’ has the meaning given the term ‘‘agency’’ in sec21 tion 551 of title 5, United States Code. 

22 (5) FEDERALLY RECOGNIZED AREA OF ECONOMIC

23 DISTRESS.—The term ‘‘federally recognized area of 

24 economic distress’’ means— 


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1 (A) a HUBZone, as that term is defined in 

2 section 31(b) of the Small Business Act (15 

3 U.S.C. 657a(b)); 

4 (B) an area that— 

5 (i) has been designated as— 

6 (I) an empowerment zone under 

7 section 1391 of the Internal Revenue 

8 Code of 1986; or 

9 (II) a Promise Zone by the Sec10 retary of Housing and Urban Develop11 ment; or 

12 (ii) is a low- or moderate-income area, 

13 as determined by the Department of Hous14 ing and Urban Development; 

15 (C) a qualified opportunity zone, as that 

16 term is defined in section 1400Z–1 of the Inter17 nal Revenue Code of 1986; or 

18 (D) any other political subdivision or unin19 corporated area of a State determined by the 

20 Under Secretary to be an area of economic dis21 tress. 

22 (6) INSTITUTION OF HIGHER EDUCATION.—The 

23 term ‘‘institution of higher education’’ has the mean24 ing given the term in section 101 of the Higher Edu25 cation Act of 1965 (20 U.S.C. 1001). 


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1 (7) MBDA BUSINESS CENTER.—The term 

2 ‘‘MBDA Business Center’’ means a business center 

3 that— 

4 (A) is established by the Agency; and 

5 (B) provides technical business assistance to 

6 minority business enterprises consistent with the 

7 requirements of this Act. 

8 (8) MBDA BUSINESS CENTER AGREEMENT.—The 

9 term ‘‘MBDA Business Center agreement’’ means a 

10 legal instrument— 

11 (A) reflecting a relationship between the 

12 Agency and the recipient of a Federal assistance 

13 award that is the subject of the instrument; and 

14 (B) that establishes the terms by which the 

15 recipient described in subparagraph (A) shall 

16 operate an MBDA Business Center. 

17 (9) MINORITY BUSINESS ENTERPRISE.— 

18 (A) IN GENERAL.—The term ‘‘minority 

19 business enterprise’’ means a business enter20 prise— 

21 (i) that is not less than 51 percent22 owned by 1 or more socially or economically 

23 disadvantaged individuals; and 

24 (ii) the management and daily busi25 ness operations of which are controlled by 1 


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1 or more socially or economically disadvan2 taged individuals. 

3 (B) RULE OF CONSTRUCTION.—Nothing in 

4 subparagraph (A) may be construed to exclude a 

5 business enterprise from qualifying as a ‘‘minor6 ity business enterprise’’ under that subparagraph 

7 because of— 

8 (i) the status of the business enterprise 

9 as a for-profit or not-for-profit enterprise; 

10 or 

11 (ii) the annual revenue of the business 

12 enterprise. 

13 (10) NATIVE ENTITY.—The term ‘‘Native entity’’ 

14 means— 

15 (A) a Tribal Government; 

16 (B) an Alaska Native village or Regional or 

17 Village Corporation, as defined in or established 

18 pursuant to the Alaska Native Claims Settlement 

19 Act (43 U.S.C. 1601 et seq.); 

20 (C) a Native Hawaiian organization, as 

21 that term is defined in section 6207 of the Ele22 mentary and Secondary Education Act of 1965 

23 (20 U.S.C. 7517); 

24 (D) the Department of Hawaiian Home 

25 Lands; and 


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1 (E) the Office of Hawaiian Affairs. 

2 (11) PRIVATE SECTOR ENTITY.—The term ‘‘pri3 vate sector entity’’— 

4 (A) means an entity that is not a public 

5 sector entity; and 

6 (B) does not include— 

7 (i) the Federal Government; 

8 (ii) any Federal agency; or 

9 (iii) any instrumentality of the Fed10 eral Government. 

11 (12) PUBLIC SECTOR ENTITY.—The term ‘‘public 

12 sector entity’’ means— 

13 (A) a State; 

14 (B) an agency of a State; 

15 (C) a political subdivision of a State; 

16 (D) an agency of a political subdivision of 

17 a State; or 

18 (E) a Native entity. 

19 (13) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Commerce. 

21 (14) SOCIALLY OR ECONOMICALLY DISADVAN22 TAGED BUSINESS CONCERN.—The term ‘‘socially or 

23 economically disadvantaged business concern’’ means 

24 a for-profit business enterprise— 


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1 (A)(i) that is not less than 51 percent 

2 owned by 1 or more socially or economically dis3 advantaged individuals; or 

4 (ii) that is socially or economically dis5 advantaged; or 

6 (B) the management and daily business op7 erations of which are controlled by 1 or more so8 cially or economically disadvantaged individ9 uals. 

10 (15) SOCIALLY OR ECONOMICALLY DISADVAN11 TAGED INDIVIDUAL.— 

12 (A) IN GENERAL.—The term ‘‘socially or 

13 economically disadvantaged individual’’ means 

14 an individual who has been subjected to racial or 

15 ethnic prejudice or cultural bias (or the ability 

16 of whom to compete in the free enterprise system 

17 has been impaired due to diminished capital and 

18 credit opportunities, as compared to others in 

19 the same line of business and competitive market 

20 area) because of the identity of the individual as 

21 a member of a group, without regard to any in22 dividual quality of the individual that is unre23 lated to that identity. 

24 (B) PRESUMPTION.—In carrying out this 

25 Act, the Under Secretary shall presume that the 


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1 term ‘‘socially or economically disadvantaged in2 dividual’’ includes any individual who is— 

3 (i) Black or African American; 

4 (ii) Hispanic or Latino; 

5 (iii) American Indian or Alaska Na6 tive; 

7 (iv) Asian; 

8 (v) Native Hawaiian or other Pacific 

9 Islander; or 

10 (vi) a member of a group that the 

11 Agency determines under part 1400 of title 

12 15, Code of Federal Regulations, as in effect 

13 on November 23, 1984, is a socially dis14 advantaged group eligible to receive assist15 ance. 

16 (16) SPECIALTY CENTER.—The term ‘‘specialty 

17 center’’ means an MBDA Business Center that pro18 vides specialty services focusing on specific business 

19 needs, including assistance relating to— 

20 (A) capital access; 

21 (B) Federal procurement; 

22 (C) entrepreneurship; 

23 (D) technology transfer; or 


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1 (E) any other area determined necessary or 

2 appropriate based on the priorities of the Agen3 cy. 

4 (17) STATE.—The term ‘‘State’’ means— 

5 (A) each of the States of the United States; 

6 (B) the District of Columbia; 

7 (C) the Commonwealth of Puerto Rico; 

8 (D) the United States Virgin Islands; 

9 (E) Guam; 

10 (F) American Samoa; 

11 (G) the Commonwealth of the Northern 

12 Mariana Islands; and 

13 (H) each Tribal Government. 

14 (18) TRIBAL GOVERNMENT.—The term ‘‘Tribal 

15 Government’’ means the recognized governing body of 

16 any Indian or Alaska Native tribe, band, nation, 

17 pueblo, village, community, component band, or com18 ponent reservation, individually identified (including 

19 parenthetically) in the list published most recently as 

20 of the date of enactment of this Act pursuant to sec21 tion 104 of the Federally Recognized Indian Tribe 

22 List Act of 1994 (25 U.S.C. 5131). 

23 (19) UNDER SECRETARY.—The term ‘‘Under 

24 Secretary’’ means the Under Secretary of Commerce 


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1 for Minority Business Development, who is appointed 

2 as described in section 3(b) to administer this Act. 

3 SEC. 3. MINORITY BUSINESS DEVELOPMENT AGENCY. 

4 (a) IN GENERAL.—There is within the Department of 

5 Commerce the Minority Business Development Agency. 

6 (b) UNDER SECRETARY.— 

7 (1) APPOINTMENT AND DUTIES.—The Agency 

8 shall be headed by the Under Secretary of Commerce 

9 for Minority Business Development, who shall— 

10 (A) be appointed by the President, by and 

11 with the advice and consent of the Senate; 

12 (B) except as otherwise expressly provided, 

13 be responsible for the administration of this Act; 

14 and 

15 (C) report directly to the Secretary. 

16 (2) COMPENSATION.— 

17 (A) IN GENERAL.—The Under Secretary 

18 shall be compensated at an annual rate of basic 

19 pay prescribed for level III of the Executive 

20 Schedule under section 5314 of title 5, United 

21 States Code. 

22 (B) TECHNICAL AND CONFORMING AMEND23 MENT.—Section 5314 of title 5, United States 

24 Code, is amended by striking ‘‘and Under Sec25 retary of Commerce for Travel and Tourism’’ 


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1 and inserting ‘‘Under Secretary of Commerce for 

2 Travel and Tourism, and Under Secretary of 

3 Commerce for Minority Business Development’’. 

4 (3) REFERENCES.—Any reference in a law, map, 

5 regulation, document, paper, or other record of the 

6 United States to the Director of the Agency shall be 

7 deemed to be a reference to the Under Secretary. 

8 (c) REPORT TO CONGRESS.—Not later than 120 days 

9 after the date of enactment of this Act, the Secretary shall 

10 submit to Congress a report that describes— 

11 (1) the organizational structure of the Agency; 

12 (2) the organizational position of the Agency 

13 within the Department of Commerce; and 

14 (3) a description of how the Agency shall func15 tion in relation to the operations carried out by each 

16 other component of the Department of Commerce. 

17 (d) OFFICE OF BUSINESS CENTERS.— 

18 (1) ESTABLISHMENT.—There is established with19 in the Agency the Office of Business Centers. 

20 (2) DIRECTOR.—The Office of Business Centers 

21 shall be administered by a Director, who shall be ap22 pointed by the Under Secretary. 

23 (e) OFFICES OF THE AGENCY.— 

24 (1) IN GENERAL.—In addition to the regional of25 fices that the Under Secretary is required to establish 


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1 under paragraph (2), the Under Secretary shall estab2 lish such other offices within the Agency as are nec3 essary to carry out this Act. 

4 (2) REGIONAL OFFICES.— 

5 (A) IN GENERAL.—In order to carry out 

6 this Act, the Under Secretary shall establish a 

7 regional office of the Agency for each of the re8 gions of the United States, as determined by the 

9 Under Secretary. 

10 (B) DUTIES.—Each regional office estab11 lished under subparagraph (A) shall expand the 

12 reach of the Agency and enable the Federal Gov13 ernment to better serve the needs of minority 

14 business enterprises in the region served by the 

15 office, including by— 

16 (i) understanding and participating in 

17 the business environment of that region; 

18 (ii) working with— 

19 (I) MBDA Business Centers that 

20 are located in that region; 

21 (II) resource and lending partners 

22 of other appropriate Federal agencies 

23 that are located in that region; and 


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1 (III) Federal, State, and local 

2 procurement offices that are located in 

3 that region; 

4 (iii) being aware of business retention 

5 or expansion programs that are specific to 

6 that region; 

7 (iv) seeking out opportunities to col8 laborate with regional public and private 

9 programs that focus on minority business 

10 enterprises; and 

11 (v) promoting business continuity and 

12 preparedness. 

13 TITLE I—EXISTING INITIATIVES 

14 Subtitle A—Market Development, 

15 Research, and Information 

16 SEC. 101. PRIVATE SECTOR DEVELOPMENT. 

17 The Under Secretary shall, whenever the Under Sec18 retary determines such action is necessary or appropriate— 

19 (1) provide Federal assistance to minority busi20 ness enterprises operating in domestic and foreign 

21 markets by making available to those business enter22 prises, either directly or in cooperation with private 

23 sector entities, including community-based organiza24 tions and national nonprofit organizations— 

25 (A) resources relating to management; 


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1 (B) technological and technical assistance; 

2 (C) financial, legal, and marketing services; 

3 and 

4 (D) services relating to workforce develop5 ment; 

6 (2) encourage minority business enterprises to es7 tablish joint ventures and projects— 

8 (A) with other minority business enter9 prises; or 

10 (B) in cooperation with public sector enti11 ties or private sector entities, including commu12 nity-based organizations and national nonprofit 

13 organizations, to increase the share of any mar14 ket activity being performed by minority busi15 ness enterprises; and 

16 (3) facilitate the efforts of private sector entities 

17 and Federal agencies to advance the growth of minor18 ity business enterprises. 

19 SEC. 102. PUBLIC SECTOR DEVELOPMENT. 

20 The Under Secretary shall, whenever the Under Sec21 retary determines such action is necessary or appropriate— 

22 (1) consult and cooperate with public sector enti23 ties for the purpose of leveraging resources available 

24 in the jurisdictions of those public sector entities to 

25 promote the position of minority business enterprises 


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1 in the local economies of those public sector entities, 

2 including by assisting public sector entities to estab3 lish or enhance— 

4 (A) programs to procure goods and services 

5 through minority business enterprises and goals 

6 for that procurement; 

7 (B) programs offering assistance relating 

8 to— 

9 (i) management; 

10 (ii) technology; 

11 (iii) law; 

12 (iv) financing, including accounting; 

13 (v) marketing; and 

14 (vi) workforce development; and 

15 (C) informational programs designed to in16 form minority business enterprises located in the 

17 jurisdictions of those public sector entities about 

18 the availability of programs described in this 

19 section; 

20 (2) meet with leaders and officials of public sec21 tor entities for the purpose of recommending and pro22 moting local administrative and legislative initiatives 

23 needed to advance the position of minority business 

24 enterprises in the local economies of those public sec25 tor entities; and 


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1 (3) facilitate the efforts of public sector entities 

2 and Federal agencies to advance the growth of minor3 ity business enterprises. 

4 SEC. 103. RESEARCH AND INFORMATION. 

5 (a) IN GENERAL.—In order to achieve the purposes of 

6 this Act, the Under Secretary— 

7 (1) shall— 

8 (A) collect and analyze data, including data 

9 relating to the causes of the success or failure of 

10 minority business enterprises; 

11 (B) conduct research, studies, and surveys 

12 of— 

13 (i) economic conditions generally in 

14 the United States; and 

15 (ii) how the conditions described in 

16 clause (i) particularly affect the develop17 ment of minority business enterprises; and 

18 (C) provide outreach, educational services, 

19 and technical assistance in, at a minimum, the 

20 5 most commonly spoken languages in the 

21 United States to ensure that limited English 

22 proficient individuals receive culturally and lin23 guistically appropriate access to the services and 

24 information provided by the Agency; and 


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1 (2) may perform an evaluation of programs car2 ried out by the Under Secretary that are designed to 

3 assist the development of minority business enter4 prises. 

5 (b) INFORMATION CLEARINGHOUSE.—The Under Sec6 retary shall— 

7 (1) establish and maintain an information clear8 inghouse for the collection and dissemination to rel9 evant parties (including business owners and re10 searchers) of demographic, economic, financial, mana11 gerial, and technical data relating to minority busi12 ness enterprises; and 

13 (2) take such steps as the Under Secretary may 

14 determine to be necessary and desirable to— 

15 (A) search for, collect, classify, coordinate, 

16 integrate, record, and catalog the data described 

17 in paragraph (1); and 

18 (B) in a manner that is consistent with sec19 tion 552a of title 5, United States Code, protect 

20 the privacy of the minority business enterprises 

21 to which the data described in paragraph (1) re22 lates. 


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1 Subtitle B—Minority Business De2 velopment Agency Business Cen3 ter Program 

4 SEC. 111. DEFINITION. 

5 In this subtitle, the term ‘‘MBDA Business Center Pro6 gram’’ means the program established under section 113. 

7 SEC. 112. PURPOSE. 

8 The purpose of the MBDA Business Center Program 

9 shall be to create a national network of public-private part10 nerships that— 

11 (1) assist minority business enterprises in— 

12 (A) accessing capital, contracts, and grants; 

13 and 

14 (B) creating and maintaining jobs; 

15 (2) provide counseling and mentoring to minor16 ity business enterprises; and 

17 (3) facilitate the growth of minority business en18 terprises by promoting trade. 

19 SEC. 113. ESTABLISHMENT. 

20 (a) IN GENERAL.—There is established in the Agency 

21 a program— 

22 (1) that shall be known as the MBDA Business 

23 Center Program; 

24 (2) that shall be separate and distinct from the 

25 efforts of the Under Secretary under section 101; and 


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1 (3) under which the Under Secretary shall make 

2 Federal assistance awards to eligible entities to oper3 ate MBDA Business Centers, which shall, in accord4 ance with section 114, provide technical assistance 

5 and business development services, or specialty serv6 ices, to minority business enterprises. 

7 (b) COVERAGE.—The Under Secretary shall take all 

8 necessary actions to ensure that the MBDA Business Center 

9 Program, in accordance with section 114, offers the services 

10 described in subsection (a)(3) in all regions of the United 

11 States. 

12 SEC. 114. GRANTS AND COOPERATIVE AGREEMENTS. 

13 (a) REQUIREMENTS.—An MBDA Business Center (re14 ferred to in this subtitle as a ‘‘Center’’), with respect to the 

15 Federal financial assistance award made to operate the 

16 Center under the MBDA Business Center Program— 

17 (1) shall— 

18 (A) provide to minority business enterprises 

19 programs and services determined to be appro20 priate by the Under Secretary, which may in21 clude— 

22 (i) referral services to meet the needs of 

23 minority business enterprises; and 

24 (ii) programs and services to accom25 plish the goals described in section 101(1); 


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1 (B) develop, cultivate, and maintain a net2 work of strategic partnerships with organizations 

3 that foster access by minority business enter4 prises to economic markets, capital, or contracts; 

5 (C) continue to upgrade and modify the 

6 services provided by the Center, as necessary, in 

7 order to meet the changing and evolving needs of 

8 the business community; 

9 (D) establish or continue a referral relation10 ship with not less than 1 community-based orga11 nization; and 

12 (E) collaborate with other Centers; and 

13 (2) in providing programs and services under 

14 the applicable MBDA Business Center agreement, 

15 may— 

16 (A) operate on a fee-for-service basis; or 

17 (B) generate income through the collection 

18 of— 

19 (i) client fees; 

20 (ii) membership fees; and 

21 (iii) any other appropriate fees pro22 posed by the Center in the application sub23 mitted by the Center under subsection (e). 


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1 (b) TERM.—Subject to subsection (g)(3), the term of 

2 an MBDA Business Center agreement shall be not less than 

3 3 years. 

4 (c) FINANCIAL ASSISTANCE.— 

5 (1) IN GENERAL.—The amount of financial as6 sistance provided by the Under Secretary under an 

7 MBDA Business Center agreement shall be not less 

8 than $250,000 for the term of the agreement. 

9 (2) MATCHING REQUIREMENT.— 

10 (A) IN GENERAL.—A Center shall match 

not less than 1 11 ⁄3 of the amount of the financial 

12 assistance awarded to the Center under the terms 

13 of the applicable MBDA Business Center agree14 ment, unless the Under Secretary determines 

15 that a waiver of that requirement is necessary 

16 after a demonstration by the Center of a substan17 tial need for that waiver. 

18 (B) FORM OF FUNDS.—A Center may meet 

19 the matching requirement under subparagraph 

20 (A) by using— 

21 (i) cash or in-kind contributions, with22 out regard to whether the contribution is 

23 made by a third party; or 

24 (ii) Federal funds received from other 

25 Federal programs. 


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1 (3) USE OF FINANCIAL ASSISTANCE AND PRO2 GRAM INCOME.—A Center shall use— 

3 (A) all financial assistance awarded to the 

4 Center under the applicable MBDA Business 

5 Center agreement to carry out subsection (a); 

6 and 

7 (B) all income that the Center generates in 

8 carrying out subsection (a)— 

9 (i) to meet the matching requirement 

10 under paragraph (2) of this subsection; and 

11 (ii) if the Center meets the matching 

12 requirement under paragraph (2) of this 

13 subsection, to carry out subsection (a). 

14 (d) CRITERIA FOR SELECTION.—The Under Secretary 

15 shall— 

16 (1) establish criteria that— 

17 (A) the Under Secretary shall use in deter18 mining whether to enter into an MBDA Business 

19 Center agreement with an eligible entity; and 

20 (B) may include criteria relating to whether 

21 an eligible entity is located in— 

22 (i) an area, the population of which is 

23 composed of not less than 51 percent so24 cially or economically disadvantaged indiVerDate Sep 11 2014 01:31 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6203 E:\BILLS\S2068.RS S2068

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1 viduals, as determined in accordance with 

2 data collected by the Bureau of the Census; 

3 (ii) a federally recognized area of eco4 nomic distress; or 

5 (iii) a State that is underserved with 

6 respect to the MBDA Business Center Pro7 gram, as defined by the Under Secretary; 

8 and 

9 (2) make the criteria and standards established 

10 under paragraph (1) publicly available, including— 

11 (A) on the website of the Agency; and 

12 (B) in each Notice of Funding Opportunity 

13 soliciting MBDA Business Center agreements. 

14 (e) APPLICATIONS.—An eligible entity desiring to 

15 enter into an MBDA Business Center agreement shall sub16 mit to the Under Secretary an application that includes— 

17 (1) a statement of— 

18 (A) how the eligible entity will carry out 

19 subsection (a); and 

20 (B) any experience or plans of the eligible 

21 entity with respect to— 

22 (i) assisting minority business enter23 prises to— 

24 (I) obtain— 


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1 (aa) large-scale contracts, 

2 grants, or procurements; 

3 (bb) financing; or 

4 (cc) legal assistance; 

5 (II) access established supply 

6 chains; and 

7 (III) engage in— 

8 (aa) joint ventures, teaming 

9 arrangements, and mergers and 

10 acquisitions; or 

11 (bb) large-scale transactions 

12 in global markets; 

13 (ii) supporting minority business en14 terprises in increasing the size of the 

15 workforces of those enterprises, including, 

16 with respect to a minority business enter17 prise that does not have employees, aiding 

18 the minority business enterprise in becom19 ing an enterprise that has employees; and 

20 (iii) advocating for minority business 

21 enterprises; and 

22 (2) the budget and corresponding budget nar23 rative that the eligible entity will use in carrying out 

24 subsection (a) during the term of the applicable 

25 MBDA Business Center agreement. 


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1 (f) NOTIFICATION.—If the Under Secretary grants an 

2 application of an eligible entity submitted under subsection 

3 (e), the Under Secretary shall notify the eligible entity that 

4 the application has been granted not later than 150 days 

5 after the last day on which an application may be sub6 mitted under that subsection. 

7 (g) PROGRAM EXAMINATION; ACCREDITATION; EXTEN8 SIONS.— 

9 (1) EXAMINATION.—Not later than 180 days 

10 after the date of enactment of this Act, and biennially 

11 thereafter, the Under Secretary shall conduct a pro12 grammatic financial examination of each Center. 

13 (2) ACCREDITATION.—The Under Secretary may 

14 provide financial support, by contract or otherwise, to 

15 an association, not less than 51 percent of the mem16 bers of which are Centers, to— 

17 (A) pursue matters of common concern with 

18 respect to Centers; and 

19 (B) develop an accreditation program with 

20 respect to Centers. 

21 (3) EXTENSIONS.— 

22 (A) IN GENERAL.—The Under Secretary 

23 may extend the term under subsection (b) of an 

24 MBDA Business Center agreement to which a 


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1 Center is a party, if the Center consents to the 

2 extension. 

3 (B) FINANCIAL ASSISTANCE.—If the Under 

4 Secretary extends the term of an MBDA Busi5 ness Center agreement under paragraph (1), the 

6 Under Secretary shall, in the same manner and 

7 amount in which financial assistance was pro8 vided during the initial term of the agreement, 

9 provide financial assistance under the agreement 

10 during the extended term of the agreement. 

11 (h) MBDA INVOLVEMENT.—The Under Secretary may 

12 take actions to ensure that the Agency is substantially in13 volved in the activities of Centers in carrying out subsection 

14 (a), including by— 

15 (1) providing to each Center training relating to 

16 the MBDA Business Center Program; 

17 (2) requiring that the operator and staff of each 

18 Center— 

19 (A) attend— 

20 (i) a conference with the Agency to es21 tablish the services and programs that the 

22 Center will provide in carrying out the re23 quirements before the date on which the 

24 Center begins providing those services and 

25 programs; and 


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1 (ii) training provided under para2 graph (1); 

3 (B) receive necessary guidance relating to 

4 carrying out the requirements under subsection 

5 (a); and 

6 (C) work in coordination and collaboration 

7 with the Under Secretary to carry out the 

8 MBDA Business Center Program and other pro9 grams of the Agency; 

10 (3) facilitating connections between Centers 

11 and— 

12 (A) Federal agencies other than the Agency, 

13 as appropriate; and 

14 (B) other institutions or entities that use 

15 Federal resources, such as— 

16 (i) small business development centers, 

17 as that term is defined in section 3(t) of the 

18 Small Business Act (15 U.S.C. 632(t)); 

19 (ii) women’s business centers described 

20 in section 29 of the Small Business Act (15 

21 U.S.C. 656); 

22 (iii) eligible entities, as that term is 

23 defined in section 2411 of title 10, United 

24 States Code, that provide services under the 


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1 program carried out under chapter 142 of 

2 that title; and 

3 (iv) entities participating in the Hol4 lings Manufacturing Extension Partnership 

5 program established under section 25 of the 

6 National Institute of Standards and Tech7 nology Act (15 U.S.C. 278k); 

8 (4) monitoring projects carried out by each Cen9 ter; and 

10 (5) establishing and enforcing administrative 

11 and reporting requirements for each Center to carry 

12 out subsection (a). 

13 (i) REGULATIONS.—The Under Secretary shall issue 

14 and publish regulations that establish minimum standards 

15 regarding verification of minority business enterprise status 

16 for clients of entities operating under the MBDA Business 

17 Center Program. 

18 SEC. 115. MINIMIZING DISRUPTIONS TO EXISTING MBDA 

19 BUSINESS CENTER PROGRAM. 

20 The Under Secretary shall ensure that each Federal 

21 assistance award made under the Business Centers program 

22 of the Agency, as is in effect on the day before the date of 

23 enactment of this Act, is carried out in a manner that, to 

24 the greatest extent practicable, prevents disruption of any 

25 activity carried out under that award. 


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1 SEC. 116. PUBLICITY. 

2 In carrying out the MBDA Business Center Program, 

3 the Under Secretary shall widely publicize the MBDA Busi4 ness Center Program, including— 

5 (1) on the website of the Agency; 

6 (2) via social media outlets; and 

7 (3) by sharing information relating to the 

8 MBDA Business Center Program with community9 based organizations, including interpretation groups 

10 where necessary, to communicate in the most common 

11 languages spoken by the groups served by those orga12 nizations. 

13 TITLE II—NEW INITIATIVES TO 

14 PROMOTE ECONOMIC RESIL15 IENCY FOR MINORITY BUSI16 NESSES 

17 SEC. 201. ANNUAL DIVERSE BUSINESS FORUM ON CAPITAL 

18 FORMATION. 

19 (a) RESPONSIBILITY OF AGENCY.—Not later than 18 

20 months after the date of enactment of this Act, and annu21 ally thereafter, the Under Secretary shall conduct a Govern22 ment-business forum to review the current status of prob23 lems and programs relating to capital formation by minor24 ity business enterprises. 

25 (b) PARTICIPATION IN FORUM PLANNING.—The Under 

26 Secretary shall invite the heads of other Federal agencies, 


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1 such as the Chairman of the Securities and Exchange Com2 mission, the Secretary of the Treasury, and the Chairman 

3 of the Board of Governors of the Federal Reserve System, 

4 organizations representing State securities commissioners, 

5 representatives of leading minority chambers of commerce, 

6 not less than 1 certified owner of a minority business enter7 prise, business organizations, and professional organiza8 tions concerned with capital formation to participate in the 

9 planning of each forum conducted under subsection (a). 

10 (c) PREPARATION OF STATEMENTS AND REPORTS.— 

11 (1) REQUESTS.—The Under Secretary may re12 quest that any head of a Federal agency, department, 

13 or organization, including those described in sub14 section (b), or any other group or individual, prepare 

15 a statement or report to be delivered at any forum 

16 conducted under subsection (a). 

17 (2) COOPERATION.—Any head of a Federal agen18 cy, department, or organization who receives a re19 quest under paragraph (1) shall, to the greatest extent 

20 practicable, cooperate with the Under Secretary to 

21 fulfill that request. 

22 (d) TRANSMITTAL OF PROCEEDINGS AND FINDINGS.— 

23 The Under Secretary shall— 

24 (1) prepare a summary of the proceedings of 

25 each forum conducted under subsection (a), which 


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1 shall include the findings and recommendations of the 

2 forum; and 

3 (2) transmit the summary described in para4 graph (1) with respect to each forum conducted under 

5 subsection (a) to— 

6 (A) the participants in the forum; 

7 (B) Congress; and 

8 (C) the public, through a publicly available 

9 website. 

10 (e) REVIEW OF FINDINGS AND RECOMMENDATIONS; 

11 PUBLIC STATEMENTS.— 

12 (1) IN GENERAL.—A Federal agency to which a 

13 finding or recommendation described in subsection 

14 (d)(1) relates shall— 

15 (A) review that finding or recommendation; 

16 and 

17 (B) promptly after the finding or rec18 ommendation is transmitted under subsection 

19 (d)(2)(C), issue a public statement— 

20 (i) assessing the finding or rec21 ommendation; and 

22 (ii) disclosing the action, if any, the 

23 Federal agency intends to take with respect 

24 to the finding or recommendation. 


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1 (2) JOINT STATEMENT PERMITTED.—If a finding 

2 or recommendation described in subsection (d)(1) re3 lates to more than 1 Federal agency, the applicable 

4 Federal agencies may, for the purposes of the public 

5 statement required under paragraph (1)(B), issue a 

6 joint statement. 

7 SEC. 202. AGENCY STUDY ON ALTERNATIVE FINANCING SO8 LUTIONS. 

9 (a) PURPOSE.—The purpose of this section is to pro10 vide information relating to alternative financing solutions 

11 to minority business enterprises, as those business enter12 prises are more likely to struggle in accessing, particularly 

13 at affordable rates, traditional sources of capital. 

14 (b) STUDY AND REPORT.—Not later than 1 year after 

15 the date of enactment of this Act, the Under Secretary 

16 shall— 

17 (1) conduct a study on opportunities for pro18 viding alternative financing solutions to minority 

19 business enterprises; and 

20 (2) submit to Congress, and publish on the 

21 website of the Agency, a report describing the findings 

22 of the study carried out under paragraph (1). 


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1 SEC. 203. EDUCATIONAL DEVELOPMENT RELATING TO MAN2 AGEMENT AND ENTREPRENEURSHIP. 

3 (a) DUTIES.—The Under Secretary shall, whenever the 

4 Under Secretary determines such action is necessary or ap5 propriate— 

6 (1) promote the education and training of so7 cially or economically disadvantaged individuals in 

8 subjects directly relating to business administration 

9 and management; 

10 (2) encourage institutions of higher education, 

11 leaders in business and industry, and other public 

12 sector entities and private sector entities, particularly 

13 minority business enterprises, to— 

14 (A) develop programs to offer scholarships 

15 and fellowships, apprenticeships, and internships 

16 relating to business to socially or economically 

17 disadvantaged individuals; and 

18 (B) sponsor seminars, conferences, and 

19 similar activities relating to business for the ben20 efit of socially or economically disadvantaged in21 dividuals; 

22 (3) stimulate and accelerate curriculum design 

23 and improvement in support of development of mi24 nority business enterprises; and 

25 (4) encourage and assist private institutions and 

26 organizations and public sector entities to undertake 


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1 activities similar to the activities described in para2 graphs (1), (2), and (3). 

3 (b) PARREN J. MITCHELL ENTREPRENEURSHIP EDU4 CATION GRANTS.— 

5 (1) DEFINITION.—In this subsection, the term 

6 ‘‘eligible institution’’ means an institution of higher 

7 education described in any of paragraphs (1) through 

8 (7) of section 371(a) of the Higher Education Act of 

9 1965 (20 U.S.C. 1067q(a)). 

10 (2) GRANTS.—The Under Secretary shall award 

11 grants to eligible institutions to develop and imple12 ment entrepreneurship curricula. 

13 (3) REQUIREMENTS.—An eligible institution to 

14 which a grant is awarded under this subsection shall 

15 use the grant funds to— 

16 (A) develop a curriculum that includes 

17 training in various skill sets needed by contem18 porary successful entrepreneurs, including— 

19 (i) business management and mar20 keting; 

21 (ii) financial management and ac22 counting; 

23 (iii) market analysis; 

24 (iv) competitive analysis; 

25 (v) innovation; 


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1 (vi) strategic and succession planning; 

2 (vii) marketing; 

3 (viii) general management; 

4 (ix) technology and technology adop5 tion; 

6 (x) leadership; and 

7 (xi) human resources; and 

8 (B) implement the curriculum developed 

9 under subparagraph (A) at the eligible institu10 tion. 

11 (4) IMPLEMENTATION TIMELINE.—The Under 

12 Secretary shall establish and publish a timeline under 

13 which an eligible institution to which a grant is 

14 awarded under this section shall carry out the re15 quirements under paragraph (3). 

16 (5) REPORTS.—Each year, the Under Secretary 

17 shall submit to all applicable committees of Congress, 

18 and as part of the annual budget submission of the 

19 President under section 1105(a) of title 31, United 

20 States Code, a report evaluating the awarding and 

21 use of grants under this subsection during the fiscal 

22 year immediately preceding the fiscal year in which 

23 the report is submitted, which shall include, with re24 spect to the fiscal year covered by the report— 


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1 (A) a description of each curriculum devel2 oped and implemented under each grant award3 ed under this section; 

4 (B) the date on which each grant awarded 

5 under this section was awarded; and 

6 (C) the number of eligible entities that were 

7 recipients of grants awarded under this section. 

8 TITLE III—RURAL MINORITY 

9 BUSINESS CENTER PROGRAM 

10 SEC. 301. DEFINITIONS. 

11 In this title: 

12 (1) APPROPRIATE CONGRESSIONAL COMMIT13 TEES.—The term ‘‘appropriate congressional commit14 tees’’ means— 

15 (A) the Committee on Commerce, Science, 

16 and Transportation of the Senate; and 

17 (B) the Committee on Financial Services of 

18 the House of Representatives. 

19 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti20 ty’’ means— 

21 (A) a minority-serving institution; or 

22 (B) a consortium of institutions of higher 

23 education that is led by a minority-serving insti24 tution. 


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1 (3) MBDA RURAL BUSINESS CENTER.—The term 

2 ‘‘MBDA Rural Business Center’’ means an MBDA 

3 Business Center that provides technical business as4 sistance to minority business enterprises located in 

5 rural areas. 

6 (4) MBDA RURAL BUSINESS CENTER AGREE7 MENT.—The term ‘‘MBDA Rural Business Center 

8 agreement’’ means an MBDA Business Center agree9 ment that establishes the terms by which the recipient 

10 of the Federal assistance award that is the subject of 

11 the agreement shall operate an MBDA Rural Business 

12 Center. 

13 (5) MINORITY-SERVING INSTITUTION.—The term 

14 ‘‘minority-serving institution’’ means an institution 

15 described in any of paragraphs (1) through (7) of sec16 tion 371(a) of the Higher Education Act of 1965 (20 

17 U.S.C. 1067q(a)). 

18 (6) RURAL AREA.—The term ‘‘rural area’’ has 

19 the meaning given the term in section 343(a) of the 

20 Consolidated Farm and Rural Development Act (7 

21 U.S.C. 1991(a)). 

22 (7) RURAL MINORITY BUSINESS ENTERPRISE.— 

23 The term ‘‘rural minority business enterprise’’ means 

24 a minority business enterprise located in a rural 

25 area. 


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1 SEC. 302. BUSINESS CENTERS. 

2 (a) IN GENERAL.—The Under Secretary may establish 

3 MBDA Rural Business Centers. 

4 (b) PARTNERSHIP.— 

5 (1) IN GENERAL.—With respect to an MBDA 

6 Rural Business Center established by the Under Sec7 retary, the Under Secretary shall establish the MBDA 

8 Rural Business Center in partnership with an eligible 

9 entity in accordance with paragraph (2). 

10 (2) MBDA AGREEMENT.— 

11 (A) IN GENERAL.—With respect to each 

12 MBDA Rural Business Center established by the 

13 Under Secretary, the Under Secretary shall enter 

14 into a cooperative agreement with an eligible en15 tity that provides that— 

16 (i) the eligible entity shall provide 

17 space, facilities, and staffing for the MBDA 

18 Rural Business Center; 

19 (ii) the Under Secretary shall provide 

20 funding for, and oversight with respect to, 

21 the MBDA Rural Business Center; and 

22 (iii) subject to subparagraph (B), the 

23 eligible entity shall match 20 percent of the 

24 amount of the funding provided by the 

25 Under Secretary under clause (ii), which 

26 may be calculated to include the costs of 


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1 providing the space, facilities, and staffing 

2 under clause (i). 

3 (B) LOWER MATCH REQUIREMENT.—Based 

4 on the available resources of an eligible entity, 

5 the Under Secretary may enter into a coopera6 tive agreement with the eligible entity that pro7 vides that— 

8 (i) the eligible entity shall match less 

9 than 20 percent of the amount of the fund10 ing provided by the Under Secretary under 

11 subparagraph (A)(ii); or 

12 (ii) if the Under Secretary makes a de13 termination, upon a demonstration by the 

14 eligible entity of substantial need, the eligi15 ble entity shall not be required to provide 

16 any match with respect to the funding pro17 vided by the Under Secretary under sub18 paragraph (A)(ii). 

19 (C) ELIGIBLE FUNDS.—An eligible entity 

20 may provide matching funds required under an 

21 MBDA Rural Business Center agreement with 

22 Federal funds received from other Federal pro23 grams. 


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1 (3) TERM.—The initial term of an MBDA Rural 

2 Business Center agreement shall be not less than 3 

3 years. 

4 (4) EXTENSION.—The Under Secretary and an 

5 eligible entity may agree to extend the term of an 

6 MBDA Rural Business Center agreement with respect 

7 to an MBDA Rural Business Center. 

8 (c) FUNCTIONS.—An MBDA Rural Business Center 

9 shall— 

10 (1) primarily serve clients that are— 

11 (A) rural minority business enterprises; or 

12 (B) minority business enterprises that are 

13 located more than 50 miles from an MBDA 

14 Business Center (other than that MBDA Rural 

15 Business Center); 

16 (2) focus on— 

17 (A) issues relating to— 

18 (i) the adoption of broadband internet 

19 access service (as defined in section 8.1(b) of 

20 title 47, Code of Federal Regulations, or 

21 any successor regulation), digital literacy 

22 skills, and e-commerce by rural minority 

23 business enterprises; 

24 (ii) advanced manufacturing; 


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1 (iii) the promotion of manufacturing 

2 in the United States; 

3 (iv) ways in which rural minority 

4 business enterprises can meet gaps in the 

5 supply chain of critical supplies and essen6 tial goods and services for the United 

7 States; 

8 (v) improving the connectivity of rural 

9 minority business enterprises through trans10 portation and logistics; 

11 (vi) promoting trade and export oppor12 tunities by rural minority business enter13 prises; 

14 (vii) securing financial capital; 

15 (viii) facilitating entrepreneurship in 

16 rural areas; and 

17 (ix) creating jobs in rural areas; and 

18 (B) any other issue relating to the unique 

19 challenges faced by rural minority business en20 terprises; and 

21 (3) provide education, training, and legal, finan22 cial, and technical assistance to minority business en23 terprises. 

24 (d) APPLICATIONS.— 


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1 (1) IN GENERAL.—Not later than 90 days after 

2 the date of enactment of this Act, the Under Secretary 

3 shall issue a Notice of Funding Opportunity request4 ing applications from eligible entities that desire to 

5 enter into MBDA Rural Business Center agreements. 

6 (2) CRITERIA AND PRIORITY.—In selecting an el7 igible entity with which to enter into an MBDA 

8 Rural Business Center agreement, the Under Sec9 retary shall— 

10 (A) select an eligible entity that dem11 onstrates— 

12 (i) the ability to collaborate with gov13 ernmental and private sector entities to le14 verage capabilities of minority business en15 terprises through public-private partner16 ships; 

17 (ii) the research and extension capac18 ity to support minority business enterprises; 

19 (iii) knowledge of the community that 

20 the eligible entity serves and the ability to 

21 conduct effective outreach to that commu22 nity to advance the goals of an MBDA 

23 Rural Business Center; 

24 (iv) the ability to provide innovative 

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1 tracting opportunities, markets, and cap2 ital; 

3 (v) the ability to provide services that 

4 advance the development of science, tech5 nology, engineering, and math jobs within 

6 minority business enterprises; 

7 (vi) the ability to leverage resources 

8 from within the eligible entity to advance 

9 an MBDA Rural Business Center; 

10 (vii) that the mission of the eligible en11 tity aligns with the mission of the Agency; 

12 (viii) the ability to leverage relation13 ships with rural minority business enter14 prises; and 

15 (ix) a referral relationship with not 

16 less than 1 community-based organization; 

17 and 

18 (B) give priority to an eligible entity 

19 that— 

20 (i) is located in a State or region that 

21 has a significant population of socially or 

22 economically disadvantaged individuals; 

23 (ii) has a history of serving socially or 

24 economically disadvantaged individuals; or 


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1 (iii) in the determination of the Under 

2 Secretary, has not received an equitable al3 location of land and financial resources 

4 under— 

5 (I) the Act of July 2, 1862 (com6 monly known as the ‘‘First Morrill 

7 Act’’) (12 Stat. 503, chapter 130; 7 

8 U.S.C. 301 et seq.); or 

9 (II) the Act of August 30, 1890 

10 (commonly known as the ‘‘Second Mor11 rill Act’’) (26 Stat. 417, chapter 841; 7 

12 U.S.C. 321 et seq.). 

13 (3) CONSIDERATIONS.—In determining whether 

14 to enter into an MBDA Rural Business Center agree15 ment with an eligible entity under this section, the 

16 Under Secretary shall consider the needs of the eligi17 ble entity. 

18 SEC. 303. REPORT TO CONGRESS. 

19 Not later than 1 year after the date of enactment of 

20 this Act, the Under Secretary shall submit to the appro21 priate congressional committees a report that includes— 

22 (1) a summary of the efforts of the Under Sec23 retary to provide services to minority business enter24 prises located in States that lack an MBDA Business 

25 Center, as of the date of enactment of this Act, and 


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1 especially in those States that have significant minor2 ity populations; and 

3 (2) recommendations for extending the outreach 

4 of the Agency to underserved areas. 

5 SEC. 304. STUDY AND REPORT. 

6 (a) IN GENERAL.—The Under Secretary, in coordina7 tion with relevant leadership of the Agency and relevant 

8 individuals outside of the Department of Commerce, shall 

9 conduct a study that addresses the ways in which minority 

10 business enterprises can meet gaps in the supply chain of 

11 the United States, with a particular focus on the supply 

12 chain of advanced manufacturing and essential goods and 

13 services. 

14 (b) REPORT.—Not later than 1 year after the date of 

15 enactment of this Act, the Under Secretary shall submit to 

16 the appropriate congressional committees a report that in17 cludes the results of the study conducted under subsection 

18 (a), which shall include recommendations regarding the 

19 ways in which minority business enterprises can meet gaps 

20 in the supply chain of the United States. 


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1 TITLE IV—MINORITY BUSINESS 

2 DEVELOPMENT GRANTS 

3 SEC. 401. GRANTS TO NONPROFIT ORGANIZATIONS THAT 

4 SUPPORT MINORITY BUSINESS ENTERPRISES. 

5 (a) DEFINITION.—In this section, the term ‘‘covered 

6 entity’’ means a private nonprofit organization that— 

7 (1) is described in paragraph (3), (4), (5), or (6) 

8 of section 501(c) of the Internal Revenue Code of 1986 

9 and exempt from tax under section 501(a) of such 

10 Code; and 

11 (2) can demonstrate that a primary activity of 

12 the organization is to provide services to minority 

13 business enterprises, whether through education, mak14 ing grants or loans, or other similar activities. 

15 (b) PURPOSE.—The purpose of this section is to make 

16 grants to covered entities to help those covered entities con17 tinue the necessary work of supporting minority business 

18 enterprises. 

19 (c) DESIGNATION OF OFFICE.— 

20 (1) IN GENERAL.—Not later than 180 days after 

21 the date of enactment of this Act, the Under Secretary 

22 shall designate an office to make and administer 

23 grants under this section. 

24 (2) CONSIDERATIONS.—In designating an office 

25 under paragraph (1), the Under Secretary shall enVerDate Sep 11 2014 01:31 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6203 E:\BILLS\S2068.RS S2068

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1 sure that the office designated has adequate staffing to 

2 carry out the responsibilities of the office under this 

3 section. 

4 (d) APPLICATION.—A covered entity desiring a grant 

5 under this section shall submit to the Under Secretary an 

6 application at such time, in such manner, and containing 

7 such information as the Under Secretary may require. 

8 (e) PRIORITY.—The Under Secretary shall, in car9 rying out this section, prioritize granting an application 

10 submitted by a covered entity that is located in a federally 

11 recognized area of economic distress. 

12 (f) USE OF FUNDS.—A covered entity to which a grant 

13 is made under this section may use the grant funds to sup14 port the development, growth, or retention of minority busi15 ness enterprises. 

16 (g) PROCEDURES.—The Under Secretary shall estab17 lish procedures to— 

18 (1) discourage and prevent waste, fraud, and 

19 abuse by applicants for, and recipients of, grants 

20 made under this section; and 

21 (2) ensure that grants are made under this sec22 tion to a diverse array of covered entities, which may 

23 include— 

24 (A) covered entities with a national pres25 ence; 


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1 (B) community-based covered entities; 

2 (C) covered entities with annual budgets 

3 below $1,000,000; or 

4 (D) covered entities that principally serve 

5 low-income and rural communities. 

6 (h) INSPECTOR GENERAL AUDIT.—Not later than 180 

7 days after the date on which the Under Secretary begins 

8 making grants under this section, the Inspector General of 

9 the Department of Commerce shall— 

10 (1) conduct an audit of grants made under this 

11 section, which shall seek to identify any discrepancies 

12 or irregularities with respect to those grants; and 

13 (2) submit to Congress a report regarding the 

14 audit conducted under paragraph (1). 

15 (i) UPDATES TO CONGRESS.—Not later than 90 days 

16 after the date on which the Under Secretary makes the des17 ignation required under subsection (c), and once every 30 

18 days thereafter, the Under Secretary shall submit to Con19 gress a report that contains— 

20 (1) the number of grants made under this section 

21 during the period covered by the report; and 

22 (2) with respect to the grants described in para23 graph (1)— 

24 (A) the geographic distribution of those 

25 grants by State and county; 


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1 (B) if applicable, demographic information 

2 with respect to the minority business enterprises 

3 served by the covered entities to which the grants 

4 were made; and 

5 (C) information regarding the industries of 

6 the minority business enterprises served by the 

7 covered entities to which the grants were made. 

8 TITLE V—MINORITY BUSINESS 

9 ENTERPRISES ADVISORY 

10 COUNCIL 

11 SEC. 501. PURPOSE. 

12 The Under Secretary shall establish the Minority Busi13 ness Enterprises Advisory Council (referred to in this title 

14 as the ‘‘Council’’) to advise and assist the Agency. 

15 SEC. 502. COMPOSITION AND TERM. 

16 (a) COMPOSITION.—The Council shall be composed of 

17 9 members of the private sector and 1 representative from 

18 each of not fewer than 10 Federal agencies that support or 

19 otherwise have duties that relate to business formation, in20 cluding duties relating to labor development, monetary pol21 icy, national security, energy, agriculture, transportation, 

22 and housing. 

23 (b) CHAIR.—The Under Secretary shall designate 1 of 

24 the private sector members of the Council as the Chair of 

25 the Council for a 1-year term. 


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1 (c) TERM.—The Council shall meet at the request of 

2 the Under Secretary and members shall serve for a term 

3 of 2 years. Members of the Council may be reappointed. 

4 SEC. 503. DUTIES. 

5 (a) IN GENERAL.—The Council shall provide advice 

6 to the Under Secretary by— 

7 (1) serving as a source of knowledge and infor8 mation on developments in areas of the economic and 

9 social life of the United States that affect socially or 

10 economically disadvantaged business concerns; 

11 (2) providing the Under Secretary with informa12 tion regarding plans, programs, and activities in the 

13 public and private sectors that relate to socially or 

14 economically disadvantaged business concerns; and 

15 (3) advising the Under Secretary regarding— 

16 (A) any measures to better achieve the objec17 tives of this Act; and 

18 (B) problems and matters the Under Sec19 retary refers to the Council. 

20 (b) CAPACITY.—Members of the Council shall not be 

21 compensated for service on the Council but may be allowed 

22 travel expenses, including per diem in lieu of subsistence, 

23 in accordance with subchapter I of chapter 57 of title 5, 

24 United States Code. 


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1 (c) TERMINATION.—Notwithstanding section 14 of the 

2 Federal Advisory Committee Act (5 U.S.C. App.), the Coun3 cil shall terminate on the date that is 5 years after the date 

4 of enactment of this Act. 

5 TITLE VI—FEDERAL COORDINA6 TION OF MINORITY BUSINESS 

7 PROGRAMS 

8 SEC. 601. GENERAL DUTIES. 

9 The Under Secretary may coordinate, as consistent 

10 with law, the plans, programs, and operations of the Fed11 eral Government that affect, or may contribute to, the estab12 lishment, preservation, and strengthening of socially or eco13 nomically disadvantaged business concerns. 

14 SEC. 602. PARTICIPATION OF FEDERAL DEPARTMENTS AND 

15 AGENCIES. 

16 The Under Secretary shall— 

17 (1) consult with other Federal agencies and de18 partments as appropriate to— 

19 (A) develop policies, comprehensive plans, 

20 and specific program goals for the programs car21 ried out under subtitle B of title I and title III; 

22 (B) establish regular performance moni23 toring and reporting systems to ensure that goals 

24 established by the Under Secretary with respect 


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1 to the implementation of this Act are being 

2 achieved; and 

3 (C) evaluate the impact of Federal support 

4 of socially or economically disadvantaged busi5 ness concerns in achieving the objectives of this 

6 Act; 

7 (2) conduct a coordinated review of all proposed 

8 Federal training and technical assistance activities in 

9 direct support of the programs carried out under sub10 title B of title I and title III to ensure consistency 

11 with program goals and to avoid duplication; and 

12 (3) convene, for purposes of coordination, meet13 ings of the heads of such Federal agencies and depart14 ments, or their designees, the programs and activities 

15 of which may affect or contribute to the carrying out 

16 of this Act. 

17 TITLE VII—ADMINISTRATIVE 

18 POWERS OF THE AGENCY; 

19 MISCELLANEOUS PROVISIONS 

20 SEC. 701. ADMINISTRATIVE POWERS. 

21 (a) IN GENERAL.—In carrying out this Act, the Under 

22 Secretary may— 

23 (1) adopt and use a seal for the Agency, which 

24 shall be judicially noticed; 


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1 (2) hold hearings, sit and act, and take testi2 mony as the Under Secretary may determine to be 

3 necessary or appropriate to carry out this Act; 

4 (3) acquire, in any lawful manner, any property 

5 that the Under Secretary determines to be necessary 

6 or appropriate to carry out this Act; 

7 (4) with the consent of another Federal agency, 

8 enter into an agreement with that Federal agency to 

9 utilize, with or without reimbursement, any service, 

10 equipment, personnel, or facility of that Federal agen11 cy; 

12 (5) coordinate with the heads of the Offices of 

13 Small and Disadvantaged Business Utilization of 

14 Federal agencies; 

15 (6) develop procedures under which the Under 

16 Secretary may evaluate the compliance of a recipient 

17 of assistance under this Act with the requirements of 

18 this Act; 

19 (7) deobligate assistance provided under this Act 

20 to a recipient that has demonstrated an insufficient 

21 level of performance with respect to the assistance, or 

22 has engaged in wasteful or fraudulent spending; and 

23 (8) provide that a recipient of assistance under 

24 this Act that has demonstrated an insufficient level of 

25 performance with respect to the assistance, or has enVerDate Sep 11 2014 01:31 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6203 E:\BILLS\S2068.RS S2068

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1 gaged in wasteful or fraudulent spending, shall be in2 eligible to receive assistance under this Act for a pe3 riod determined by the Under Secretary, consistent 

4 with the considerations under section 180.865 of title 

5 2, Code of Federal Regulations (or any successor regu6 lation), beginning on the date on which the Under 

7 Secretary makes the applicable finding. 

8 (b) USE OF PROPERTY.— 

9 (1) IN GENERAL.—Subject to paragraph (2), in 

10 carrying out this Act, the Under Secretary may, 

11 without cost (except for costs of care and handling), 

12 allow any public sector entity, or any recipient non13 profit organization, for the purpose of the develop14 ment of minority business enterprises, to use any real 

15 or tangible personal property acquired by the Agency 

16 in carrying out this Act. 

17 (2) TERMS, CONDITIONS, RESERVATIONS, AND

18 RESTRICTIONS.—The Under Secretary may impose 

19 reasonable terms, conditions, reservations, and restric20 tions upon the use of any property under paragraph 

21 (1). 

22 SEC. 702. FEDERAL ASSISTANCE. 

23 (a) IN GENERAL.— 

24 (1) PROVISION OF FEDERAL ASSISTANCE.—To 

25 carry out sections 101, 102, and 103(a), the Under 


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1 Secretary may provide Federal assistance to public 

2 sector entities and private sector entities in the form 

3 of grants or cooperative agreements. 

4 (2) NOTICE.—Not later than 120 days after the 

5 date on which amounts are appropriated to carry out 

6 this section, the Under Secretary shall, in accordance 

7 with subsection (b), broadly publish a statement re8 garding Federal assistance that will, or may, be pro9 vided under paragraph (1) during the fiscal year for 

10 which those amounts are appropriated, including— 

11 (A) the actual, or anticipated, amount of 

12 Federal assistance that will, or may, be made 

13 available; 

14 (B) the types of Federal assistance that will, 

15 or may, be made available; 

16 (C) the manner in which Federal assistance 

17 will be allocated among public sector entities and 

18 private sector entities, as applicable; and 

19 (D) the methodology used by the Under Sec20 retary to make allocations under subparagraph 

21 (C). 

22 (3) CONSULTATION.—The Under Secretary shall 

23 consult with public sector entities and private sector 

24 entities, as applicable, in deciding the amounts and 


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1 types of Federal assistance to make available under 

2 paragraph (1). 

3 (b) PUBLICITY.—In carrying out this section, the 

4 Under Secretary shall broadly publicize all opportunities 

5 for Federal assistance available under this section, includ6 ing through the means required under section 116. 

7 SEC. 703. RECORDKEEPING. 

8 (a) IN GENERAL.—Each recipient of assistance under 

9 this Act shall keep such records as the Under Secretary shall 

10 prescribe, including records that fully disclose, with respect 

11 to the assistance received by the recipient under this Act— 

12 (1) the amount and nature of that assistance; 

13 (2) the disposition by the recipient of the pro14 ceeds of that assistance; 

15 (3) the total cost of the undertaking for which the 

16 assistance is given or used; 

17 (4) the amount and nature of the portion of the 

18 cost of the undertaking described in paragraph (3) 

19 that is supplied by a source other than the Agency; 

20 (5) the return on investment, as defined by the 

21 Under Secretary; and 

22 (6) any other record that will facilitate an effec23 tive audit with respect to the assistance. 

24 (b) ACCESS BY GOVERNMENT OFFICIALS.—The Under 

25 Secretary, the Inspector General of the Department of ComVerDate Sep 11 2014 01:31 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6203 E:\BILLS\S2068.RS S2068

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1 merce, and the Comptroller General of the United States, 

2 or any duly authorized representative of any such indi3 vidual, shall have access, for the purpose of audit, investiga4 tion, and examination, to any book, document, paper, 

5 record, or other material of the Agency or an MBDA Busi6 ness Center. 

7 SEC. 704. REVIEW AND REPORT BY COMPTROLLER GEN8 ERAL. 

9 Not later than 4 years after the date of enactment of 

10 this Act, the Comptroller General of the United States 

11 shall— 

12 (1) conduct a thorough review of the programs 

13 carried out under this Act; and 

14 (2) submit to Congress a detailed report of the 

15 findings of the Comptroller General of the United 

16 States under the review carried out under paragraph 

17 (1), which shall include— 

18 (A) an evaluation of the effectiveness of the 

19 programs in achieving the purposes of this Act; 

20 (B) a description of any failure by any re21 cipient of assistance under this Act to comply 

22 with the requirements under this Act; and 

23 (C) recommendations for any legislative or 

24 administrative action that should be taken to 


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1 improve the achievement of the purposes of this 

2 Act. 

3 SEC. 705. BIANNUAL REPORTS; RECOMMENDATIONS. 

4 (a) BIANNUAL REPORT.—Not later than 1 year after 

5 the date of enactment of this Act, and 90 days after the 

6 last day of each odd-numbered year thereafter, the Under 

7 Secretary shall submit to Congress, and publish on the 

8 website of the Agency, a report of each activity of the Agency 

9 carried out under this Act during the period covered by the 

10 report. 

11 (b) RECOMMENDATIONS.—The Under Secretary shall 

12 periodically submit to Congress and the President rec13 ommendations for legislation or other actions that the 

14 Under Secretary determines to be necessary or appropriate 

15 to promote the purposes of this Act. 

16 SEC. 706. SEVERABILITY. 

17 If a provision of this Act, or the application of a provi18 sion of this Act to any person or circumstance, is held by 

19 a court of competent jurisdiction to be invalid, that judg20 ment— 

21 (1) shall not affect, impair, or invalidate— 

22 (A) any other provision of this Act; or 

23 (B) the application of this Act to any other 

24 person or circumstance; and 

25 (2) shall be confined in its operation to— 


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1 (A) the provision of this Act with respect to 

2 which the judgment is rendered; or 

3 (B) the application of the provision of this 

4 Act to each person or circumstance directly in5 volved in the controversy in which the judgment 

6 is rendered. 

7 SEC. 707. EXECUTIVE ORDER 11625. 

8 The powers and duties of the Agency shall be deter9 mined— 

10 (1) in accordance with this Act and the require11 ments of this Act; and 

12 (2) without regard to Executive Order 11625 (36 

13 Fed. Reg. 19967; relating to prescribing additional 

14 arrangements for developing and coordinating a na15 tional program for minority business enterprise). 

16 SEC. 708. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated to the Under 

18 Secretary $110,000,000 for each of fiscal years 2021 

19 through 2025 to carry out this Act, of which— 

20 (1) a majority shall be used in each such fiscal 

21 year to carry out the MBDA Business Center Pro22 gram under subtitle B of title I, including the compo23 nent of that program relating to specialty centers; 

24 and 


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1 (2) $20,000,000 shall be used in each such fiscal 

2 year to carry out title III. 


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Calendar No. 228 

117TH CONGRESS 

1ST SESSION S. 2068 

A BILL 

To require the Minority Business Development 

other purposes. particularly during economic downturns, and for Agency has the necessary supporting resources, nority business enterprises, to ensure that such private sectors to assist the development of mimote and administer programs in the public and Agency of the Department of Commerce to proDECEMBER 17, 2021 

Reported with an amendment 


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