I 

117TH CONGRESS 

1ST SESSION H. R. 2689 

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 HOUSE OF REPRESENTATIVES 

APRIL 20, 2021 

Mr. GREEN of Texas (for himself, Mr. CLEAVER, Mrs. BEATTY, Mr. PERLMUTTER, Mr. HIMES, Mr. MFUME, Mr. KILMER, Ms. CHU, and Mr. 

SHERMAN) introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on Small 

Business, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Minority Business Resiliency Act of 2021’’. 

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

5 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. 110. Definition. 

Sec. 111. Purpose. 

Sec. 112. Establishment. 

Sec. 113. Grants and cooperative agreements. 

Sec. 114. Minimizing disruptions to existing MBDA Business Center program. 

Sec. 115. Publicity. 

Sec. 116. Funding. 

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. 

Sec. 402. Minority business grants. 

TITLE V—ADMINISTRATIVE AND OTHER POWERS OF THE 

AGENCY; MISCELLANEOUS PROVISIONS 

Sec. 501. Administrative powers. 


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Sec. 502. Federal assistance. 

Sec. 503. Audits. 

Sec. 504. Review and report by Comptroller General. 

Sec. 505. Annual reports; recommendations. 

Sec. 506. Separability. 

Sec. 507. Executive Order 11625. 

Sec. 508. Amendment to the Federal Acquisition Streamlining Act of 1994. 

Sec. 509. 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, which requires an expansion of the ability of 

7 the Federal Government to infuse resources into 

8 those communities. 

9 (2) Despite the growth in the number of minor10 ity business enterprises, gaps remain with respect to 

11 key metrics for those enterprises, such as access to 

12 capital, revenue, number of employees, and survival 

13 rate. Specifically— 

14 (A) according to the Department of Com15 merce, minority business enterprises are 2 to 3 

16 times more likely to be denied loans than non17 minority business enterprises; 

18 (B) according to the Bureau of the Cen19 sus, the average non-minority business enter20 prise reports receipts that are more than 3 


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1 times higher than receipts reported by the aver2 age minority business enterprise; and 

3 (C) according to the Kauffman Founda4 tion— 

5 (i) minority business enterprises are 

1 6 ⁄2 as likely to employ individuals, as com7 pared with non-minority business enter8 prises; and 

9 (ii) if minorities started and owned 

10 businesses at the same rate as non-minori11 ties, the United States economy would 

12 have more than 1,000,000 additional em13 ployer businesses and more than 9,500,000 

14 additional jobs. 

15 (3) Because of the conditions described in para16 graph (2), it is in the interest of the United States 

17 and the economy of the United States to expedi18 tiously ameliorate the disparities that minority busi19 ness enterprises experience. 

20 (4) Many individuals who own minority busi21 ness enterprises are socially disadvantaged because 

22 those individuals identify as members of certain 

23 groups that have suffered the effects of discrimina24 tory practices or similar circumstances over which 


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1 those individuals have no control, including individ2 uals who are— 

3 (A) Black or African American; 

4 (B) Hispanic or Latino; 

5 (C) American Indian or Alaska Native; 

6 (D) Asian; and 

7 (E) Native Hawaiian or other Pacific Is8 lander. 

9 (5) Discriminatory practices and similar cir10 cumstances described in paragraph (4) are a signifi11 cant determinant of overall economic disadvantage 

12 in the United States, which is evident in the per13 sistent racial wealth gap in the United States. 

14 (6) While other Federal agencies focus only on 

15 small businesses and businesses that represent a 

16 broader demographic than solely minority business 

17 enterprises, the Agency focuses exclusively on— 

18 (A) the unique needs of minority business 

19 enterprises; and 

20 (B) enhancing the capacity of minority 

21 business enterprises. 

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

23 (1) require the Agency to promote and admin24 ister programs in the public and private sectors to 


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1 assist the development of minority business enter2 prises; and 

3 (2) achieve the development described in para4 graph (1) by authorizing the Assistant Secretary to 

5 carry out programs that will result in increased ac6 cess to capital, management, and technology for mi7 nority business enterprises. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

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

11 Minority Business Development Agency of the De12 partment of Commerce. 

13 (2) ASSISTANT SECRETARY.—The term ‘‘Assist14 ant Secretary’’ means the Assistant Secretary of 

15 Commerce for Minority Business Development, who 

16 is appointed as described in section 4(b) to admin17 ister this Act. 

18 (3) COMMUNITY-BASED ORGANIZATION.—The 

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

20 meaning given the term in section 8101 of the Ele21 mentary and Secondary Education Act of 1965 (20 

22 U.S.C. 7801). 

23 (4) ELIGIBLE ENTITY.—Except as otherwise ex24 pressly provided, the term ‘‘eligible entity’’— 

25 (A) means— 


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1 (i) a private sector entity; 

2 (ii) a public sector entity; or 

3 (iii) a Tribal government; and 

4 (B) includes an institution of higher edu5 cation. 

6 (5) FEDERAL AGENCY.—The term ‘‘Federal 

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

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

9 (6) FEDERALLY RECOGNIZED AREA OF ECO10 NOMIC DISTRESS.—The term ‘‘federally recognized 

11 area of economic distress’’ means— 

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

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

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

15 (B) an area that— 

16 (i) has been designated as— 

17 (I) an empowerment zone under 

18 section 1391 of the Internal Revenue 

19 Code of 1986; or 

20 (II) a Promise Zone by the Sec21 retary of Housing and Urban Devel22 opment; or 

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

24 as determined by the Bureau of the Cen25 sus; 


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1 (C) a qualified opportunity zone, as that 

2 term is defined in section 1400Z–1 of the Inter3 nal Revenue Code of 1986; or 

4 (D) any other political subdivision or unin5 corporated area of a State determined by the 

6 Assistant Secretary to be an area of economic 

7 distress. 

8 (7) INDIAN TRIBE.—The term ‘‘Indian 

9 Tribe’’— 

10 (A) has the meaning given the term in sec11 tion 4 of the Indian Self-Determination and 

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

13 and 

14 (B) includes a Native Hawaiian organiza15 tion. 

16 (8) INSTITUTION OF HIGHER EDUCATION.—The 

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

18 meaning given the term in section 101 of the Higher 

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

20 (9) MBDA BUSINESS CENTER.—The term 

21 ‘‘MBDA Business Center’’ means any business cen22 ter that— 

23 (A) is established by the Agency; and 


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1 (B) provides technical business assistance 

2 to minority business enterprises consistent with 

3 the requirements of this Act. 

4 (10) MBDA BUSINESS CENTER AGREEMENT.— 

5 The term ‘‘MBDA Business Center agreement’’ 

6 means a legal instrument— 

7 (A) reflecting a relationship between the 

8 Agency and the recipient of a Federal assist9 ance award that is the subject of the instru10 ment; and 

11 (B) that establishes the terms by which the 

12 recipient described in subparagraph (A) shall 

13 operate an MBDA Business Center. 

14 (11) MINORITY BUSINESS ENTERPRISE.—The 

15 term ‘‘minority business enterprise’’ means a busi16 ness enterprise (without regard to whether the busi17 ness enterprise is a for-profit or not-for-profit enter18 prise)— 

19 (A) that is not less than 51 percent-owned 

20 by 1 or more socially and economically dis21 advantaged individuals; and 

22 (B) the management and daily business 

23 operations of which are controlled by 1 or more 

24 socially and economically disadvantaged individ25 uals. 


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1 (12) PRIVATE SECTOR ENTITY.—The term 

2 ‘‘private sector entity’’— 

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

4 sector entity; and 

5 (B) does not include— 

6 (i) the Federal Government; 

7 (ii) any Federal agency; or 

8 (iii) any instrumentality of the Fed9 eral Government. 

10 (13) PUBLIC SECTOR ENTITY.—The term ‘‘pub11 lic sector entity’’ means— 

12 (A) a State; 

13 (B) an agency of a State; 

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

15 (D) an agency of a political subdivision of 

16 a State. 

17 (14) SECRETARY.—The term ‘‘Secretary’’ 

18 means the Secretary of Commerce. 

19 (15) SOCIALLY AND ECONOMICALLY DISADVAN20 TAGED INDIVIDUAL.— 

21 (A) IN GENERAL.—The term ‘‘socially and 

22 economically disadvantaged individual’’ means 

23 an individual who has been subjected to racial 

24 or ethnic prejudice, or to cultural bias, because 

25 of the identity of the individual as a member of 


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1 a group, without regard to any individual qual2 ity of the individual that is unrelated to that 

3 identity. 

4 (B) PRESUMPTION.—In carrying out this 

5 Act, the Assistant Secretary shall presume that 

6 the term ‘‘socially and economically disadvan7 taged individual’’ includes any individual who 

8 is— 

9 (i) Black or African American; 

10 (ii) Hispanic or Latino; 

11 (iii) American Indian or Alaska Na12 tive; 

13 (iv) Asian; 

14 (v) Native Hawaiian or other Pacific 

15 Islander; or 

16 (vi) a member of a group that the 

17 Agency determines under part 1400 of title 

18 15, Code of Federal Regulations, as in ef19 fect on November 23, 1984, is a socially 

20 disadvantaged group eligible to receive as21 sistance. 

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

23 center’’ means an MBDA Business Center that pro24 vides specialty services focusing on specific business 

25 needs, including assistance relating to— 


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1 (A) capital access; 

2 (B) Federal procurement; 

3 (C) entrepreneurship; 

4 (D) technology transfer; or 

5 (E) any other area determined necessary 

6 or appropriate based on the priorities of the 

7 Agency. 

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

9 (A) each of the States of the United 

10 States; 

11 (B) the District of Columbia; 

12 (C) the Commonwealth of Puerto Rico; 

13 (D) the United States Virgin Islands; 

14 (E) Guam; 

15 (F) American Samoa; 

16 (G) the Commonwealth of the Northern 

17 Mariana Islands; and 

18 (H) each Indian Tribe. 

19 SEC. 4. MINORITY BUSINESS DEVELOPMENT AGENCY. 

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

21 of Commerce the Minority Business Development Agency. 

22 (b) ASSISTANT SECRETARY.— 

23 (1) APPOINTMENT AND DUTIES.—The Agency 

24 shall be headed by an Assistant Secretary of ComVerDate Sep 11 2014 23:37 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2689.IH H2689

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1 merce for Minority Business Development, who shall 

2 be— 

3 (A) appointed by the President, by and 

4 with the advice and consent of the Senate; and 

5 (B) except as otherwise expressly provided, 

6 responsible for the administration of this Act. 

7 (2) COMPENSATION.— 

8 (A) IN GENERAL.—The Assistant Sec9 retary shall be compensated at an annual rate 

10 of basic pay prescribed for level IV of the Exec11 utive Schedule under section 5315 of title 5, 

12 United States Code. 

13 (B) TECHNICAL AND CONFORMING AMEND14 MENT.—Section 5315 of title 5, United States 

15 Code, is amended, in the item relating to As16 sistant Secretaries of Commerce, by striking 

17 ‘‘(11)’’ and inserting ‘‘(12)’’. 

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

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

20 submit to Congress a report that describes— 

21 (1) the organizational structure of the Agency; 

22 (2) the organizational position of the Agency 

23 within the Department of Commerce; and 


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1 (3) a description of how the Agency shall func2 tion in relation to the operations carried out by each 

3 other component of the Department of Commerce. 

4 (d) OFFICE OF BUSINESS CENTERS.— 

5 (1) ESTABLISHMENT.—There is established 

6 within the Agency an Office of Business Centers. 

7 (2) DIRECTOR.—The Office of Business Cen8 ters shall be administered by a Director, who shall 

9 be appointed by the Assistant Secretary. 

10 (e) OFFICES OF THE AGENCY.— 

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

12 offices that the Assistant Secretary is required to es13 tablish under paragraph (2), the Assistant Secretary 

14 shall establish such other offices within the Agency 

15 as are necessary to carry out this Act. 

16 (2) REGIONAL OFFICES.— 

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

18 this Act, the Assistant Secretary shall establish 

19 a regional office of the Agency for each of the 

20 regions of the United States, as determined by 

21 the Assistant Secretary. 

22 (B) DUTIES.—Each regional office estab23 lished under subparagraph (A) shall expand the 

24 reach of the Agency and enable the Federal 

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1 ity business enterprises in the region served by 

2 the office, including by— 

3 (i) understanding and participating in 

4 the business environment of that region; 

5 (ii) working with— 

6 (I) MBDA Business Centers that 

7 are located in that region; 

8 (II) resource and lending part9 ners of the Small Business Adminis10 tration and the Department of Agri11 culture that are located in that region; 

12 and 

13 (III) Federal, State, and local 

14 procurement offices that are located 

15 in that region; 

16 (iii) being aware of business retention 

17 or expansion programs that are specific to 

18 that region; 

19 (iv) seeking out opportunities to col20 laborate with regional public and private 

21 programs that focus on minority business 

22 enterprises; and 

23 (v) promoting business continuity and 

24 preparedness. 


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1 TITLE I—EXISTING INITIATIVES 

2 Subtitle A—Market Development, 

3 Research, and Information 

4 SEC. 101. PRIVATE SECTOR DEVELOPMENT. 

5 The Assistant Secretary shall, whenever the Assistant 

6 Secretary determines such action is necessary or appro7 priate— 

8 (1) provide Federal assistance to minority busi9 ness enterprises operating in domestic and foreign 

10 markets by making available to those business enter11 prises, either directly or in cooperation with private 

12 sector entities, including community-based organiza13 tions and national nonprofit organizations— 

14 (A) resources relating to management; 

15 (B) technological and technical assistance; 

16 (C) financial, legal, and marketing serv17 ices; and 

18 (D) services relating to workforce develop19 ment; 

20 (2) encourage minority business enterprises to 

21 establish joint ventures and projects— 

22 (A) with other minority business enter23 prises; or 

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1 nity-based organizations and national nonprofit 

2 organizations, to increase the share of any mar3 ket activity being performed by minority busi4 ness enterprises; and 

5 (3) facilitate the efforts of private sector enti6 ties and Federal agencies to advance the growth of 

7 minority business enterprises. 

8 SEC. 102. PUBLIC SECTOR DEVELOPMENT. 

9 The Assistant Secretary shall, whenever the Assistant 

10 Secretary determines such action is necessary or appro11 priate— 

12 (1) consult and cooperate with public sector en13 tities for the purpose of leveraging resources avail14 able in the jurisdictions of those public sector enti15 ties to promote the position of minority business en16 terprises in the local economies of those public sector 

17 entities, including by assisting public sector entities 

18 to establish or enhance— 

19 (A) programs to procure goods and serv20 ices through minority business enterprises and 

21 goals for that procurement; 

22 (B) programs offering assistance relating 

23 to— 

24 (i) management; 

25 (ii) technology; 


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1 (iii) law; 

2 (iv) financing, including accounting; 

3 (v) marketing; and 

4 (vi) workforce development; and 

5 (C) informational programs designed to in6 form minority business enterprises located in 

7 the jurisdictions of those public sector entities 

8 about the availability of programs described in 

9 this section; 

10 (2) meet with leaders and officials of public sec11 tor entities for the purpose of recommending and 

12 promoting local administrative and legislative initia13 tives needed to advance the position of minority 

14 business enterprises in the local economies of those 

15 public sector entities; and 

16 (3) facilitate the efforts of public sector entities 

17 and Federal agencies to advance the growth of mi18 nority business enterprises. 

19 SEC. 103. RESEARCH AND INFORMATION. 

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

21 of this Act, the Assistant Secretary— 

22 (1) shall— 

23 (A) collect and analyze data, including 

24 data relating to the causes of the success or 

25 failure of minority business enterprises; 


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1 (B) perform evaluations of programs car2 ried out by Federal agencies with an emphasis 

3 on increasing coordination between Federal 

4 agencies with respect to the development of mi5 nority business enterprises; 

6 (C) conduct research, studies, and surveys 

7 of— 

8 (i) economic conditions generally in 

9 the United States; and 

10 (ii) how the conditions described in 

11 clause (i) particularly affect the develop12 ment of minority business enterprises; and 

13 (D) provide outreach, educational services, 

14 and technical assistance in the 10 most com15 monly spoken languages in the United States to 

16 ensure that limited-English proficient individ17 uals receive culturally and linguistically appro18 priate access to the services and information 

19 provided by the Agency; and 

20 (2) may, at the request of a public sector entity 

21 or a private sector entity, perform an evaluation of 

22 programs carried out by the entity that are designed 

23 to assist the development of minority business enter24 prises. 


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1 (b) INFORMATION CLEARINGHOUSE.—The Assistant 

2 Secretary shall— 

3 (1) establish and maintain an information clear4 inghouse for the collection and dissemination to rel5 evant parties (including business owners and re6 searchers) of demographic, economic, financial, man7 agerial, and technical data relating to minority busi8 ness enterprises; and 

9 (2) take such steps as the Assistant Secretary 

10 may determine to be necessary and desirable to— 

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

12 integrate, record, and catalog the data de13 scribed in paragraph (1); and 

14 (B) in a manner that is consistent with 

15 section 552a of title 5, United States Code, pro16 tect the privacy of the minority business enter17 prises to which the data described in paragraph 

18 (1) relates. 

19 Subtitle B—Minority Business De20 velopment Agency Business 

21 Center Program 

22 SEC. 110. DEFINITION. 

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

24 Program’’ means the program established under section 

25 112. 


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1 SEC. 111. PURPOSE. 

2 The purpose of the MBDA Business Center Program 

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

4 partnerships that— 

5 (1) assist minority business enterprises to— 

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

7 and 

8 (B) create and maintain jobs; 

9 (2) provide counseling and mentoring to minor10 ity business enterprises; and 

11 (3) facilitate the growth of minority business 

12 enterprises by promoting trade. 

13 SEC. 112. ESTABLISHMENT. 

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

15 a program— 

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

17 Center Program; 

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

19 efforts of the Assistant Secretary under section 101; 

20 and 

21 (3) under which the Assistant Secretary shall 

22 make Federal assistance awards to eligible entities 

23 to operate MBDA Business Centers, which shall, in 

24 accordance with section 113, provide technical as25 sistance and business development services, or spe26 cialty services, to minority business enterprises. 


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1 (b) COVERAGE.—The Assistant Secretary shall take 

2 all necessary actions to ensure that the MBDA Business 

3 Center Program, in accordance with section 113, offers 

4 the services described in subsection (a)(3) in all regions 

5 of the United States. 

6 SEC. 113. GRANTS AND COOPERATIVE AGREEMENTS. 

7 (a) REQUIREMENTS.—An MBDA Business Center 

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

9 to the Federal financial assistance award made to operate 

10 the Center under the MBDA Business Center Program— 

11 (1) shall— 

12 (A) provide to minority business enter13 prises programs and services determined to be 

14 appropriate by the Assistant Secretary, which— 

15 (i) shall include referral services to 

16 meet the needs of minority business enter17 prises; and 

18 (ii) may include programs and serv19 ices to accomplish the goals described in 

20 section 101(1); 

21 (B) develop, cultivate, and maintain a net22 work of strategic partnerships with organiza23 tions that foster access by minority business en24 terprises to economic markets, capital, or con25 tracts; 


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1 (C) continue to upgrade and modify the 

2 services provided by the Center, as necessary, in 

3 order to meet the changing and evolving needs 

4 of the business community; 

5 (D) establish or continue a referral rela6 tionship with not less than 1 community-based 

7 organization; and 

8 (E) collaborate with other Centers; and 

9 (2) in providing programs and services under 

10 the applicable MBDA Business Center agreement, 

11 may— 

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

13 (B) generate income through the collection 

14 of— 

15 (i) client fees; 

16 (ii) membership fees; and 

17 (iii) any other appropriate fees pro18 posed by the Center in the application sub19 mitted by the Center under subsection (e). 

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

21 an MBDA Business Center agreement shall be not less 

22 than 3 years. 

23 (c) FINANCIAL ASSISTANCE.— 

24 (1) IN GENERAL.—The amount of financial as25 sistance provided by the Assistant Secretary under 


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1 an MBDA Business Center agreement shall be not 

2 less than $250,000 for the term of the agreement. 

3 (2) MATCHING REQUIREMENT.— 

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

not less than 1 5 ⁄3 of the amount of the financial 

6 assistance awarded to the Center under the 

7 terms of the applicable MBDA Business Center 

8 agreement, unless the Assistant Secretary de9 termines that a waiver of that requirement is 

10 necessary after a demonstration by the Center 

11 of a substantial need for that waiver. 

12 (B) FORM OF FUNDS.—A Center may 

13 meet the matching requirement under subpara14 graph (A) using— 

15 (i) cash or in-kind contributions, with16 out regard to whether the contribution is 

17 made by a third party; or 

18 (ii) Federal funds received from other 

19 Federal programs. 

20 (3) USE OF FINANCIAL ASSISTANCE AND PRO21 GRAM INCOME.—A Center shall use— 

22 (A) all financial assistance awarded to the 

23 Center under the applicable MBDA Business 

24 Center agreement to carry out subsection (a); 

25 and 


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1 (B) all income that the Center generates in 

2 carrying out subsection (a)— 

3 (i) to meet the matching requirement 

4 under paragraph (2) of this subsection; 

5 and 

6 (ii) if the Center meets the matching 

7 requirement under paragraph (2) of this 

8 subsection, to carry out subsection (a). 

9 (d) CRITERIA FOR SELECTION.—The Assistant Sec10 retary shall— 

11 (1) establish criteria that— 

12 (A) the Assistant Secretary shall use in de13 termining whether to enter into an MBDA 

14 Business Center agreement with an eligible en15 tity; and 

16 (B) may include criteria relating to wheth17 er an eligible entity is located in— 

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

19 composed of not less than 51 percent so20 cially and economically disadvantaged indi21 viduals, as determined in accordance with 

22 data collected by the Bureau of the Cen23 sus; 

24 (ii) a federally recognized area of eco25 nomic distress; or 


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1 (iii) a State that is underserved with 

2 respect to the MBDA Business Center 

3 Program, as defined by the Assistant Sec4 retary; and 

5 (2) make the criteria and standards established 

6 under paragraph (1) publicly available, including— 

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

8 (B) in each Notice of Funding Opportunity 

9 soliciting MBDA Business Center agreements. 

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

11 enter into an MBDA Business Center agreement shall 

12 submit to the Assistant Secretary an application that in13 cludes— 

14 (1) a statement of— 

15 (A) how the eligible entity will carry out 

16 subsection (a); and 

17 (B) any experience of the eligible entity 

18 in— 

19 (i) assisting minority business enter20 prises to— 

21 (I) obtain— 

22 (aa) large-scale contracts, 

23 grants, or procurements; 

24 (bb) financing; or 

25 (cc) legal assistance; 


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1 (II) access established supply 

2 chains; and 

3 (III) engage in— 

4 (aa) joint ventures, teaming 

5 arrangements, and mergers and 

6 acquisitions; or 

7 (bb) large-scale transactions 

8 in global markets; 

9 (ii) supporting minority business en10 terprises in increasing the size of the 

11 workforces of those enterprises, including, 

12 with respect to a minority business enter13 prise that does not have employees, aiding 

14 the minority business enterprise in becom15 ing an enterprise that has employees; and 

16 (iii) advocating for minority business 

17 enterprises; and 

18 (2) the budget and corresponding budget nar19 rative that the eligible entity will use in carrying out 

20 subsection (a) during the term of the applicable 

21 MBDA Business Center agreement. 

22 (f) NOTIFICATION.—If the Assistant Secretary 

23 grants an application of an eligible entity submitted under 

24 subsection (e), the Assistant Secretary shall notify the eli25 gible entity that the application has been granted not later 


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1 than 150 days after the last day on which an application 

2 may be submitted under that subsection. 

3 (g) PROGRAM EXAMINATION; ACCREDITATION; EX4 TENSIONS.— 

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

6 after the date of enactment of this Act, and bienni7 ally thereafter, the Assistant Secretary shall conduct 

8 a programmatic financial examination of each Cen9 ter. 

10 (2) ACCREDITATION.—The Assistant Secretary 

11 may provide financial support, by contract or other12 wise, to an association, not less than 51 percent of 

13 the members of which are Centers, to— 

14 (A) pursue matters of common concern 

15 with respect to Centers; and 

16 (B) develop an accreditation program with 

17 respect to Centers. 

18 (3) EXTENSIONS.— 

19 (A) IN GENERAL.—The Assistant Sec20 retary may extend the term under subsection 

21 (b) of an MBDA Business Center agreement to 

22 which a Center is a party, if the Center con23 sents to the extension. 

24 (B) FINANCIAL ASSISTANCE.—If the As25 sistant Secretary extends the term of an MBDA 


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1 Business Center agreement under paragraph 

2 (1), the Assistant Secretary shall, in the same 

3 manner and amount in which financial assist4 ance was provided during the initial term of the 

5 agreement, provide financial assistance under 

6 the agreement during the extended term of the 

7 agreement. 

8 (h) MBDA INVOLVEMENT.—The Assistant Secretary 

9 may take actions to ensure that the Agency is substan10 tially involved in the activities of Centers in carrying out 

11 subsection (a), including by— 

12 (1) providing to each Center training relating to 

13 the MBDA Business Center Program; 

14 (2) requiring that the operator and staff of 

15 each Center— 

16 (A) attend— 

17 (i) a conference with the Agency to 

18 establish the services and programs that 

19 the Center will provide in carrying out the 

20 requirements before the date on which the 

21 Center begins providing those services and 

22 programs; and 

23 (ii) training provided under paragraph 

24 (1); 


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1 (B) receive necessary guidance relating to 

2 carrying out the requirements under subsection 

3 (a); and 

4 (C) work in coordination and collaboration 

5 with the Assistant Secretary to carry out the 

6 MBDA Business Center Program and other 

7 programs of the Agency; 

8 (3) facilitating connections between Centers 

9 and— 

10 (A) Federal agencies other than the Agen11 cy, including the Small Business Administra12 tion, the Department of Agriculture, the Fed13 eral Trade Commission, the United States Pat14 ent and Trademark Office, and the Economic 

15 Development Administration of the Department 

16 of Commerce; and 

17 (B) other institutions or entities that use 

18 Federal resources, including— 

19 (i) small business development cen20 ters, as that term is defined in section 3(t) 

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

22 632(t)); 

23 (ii) women’s business centers de24 scribed in section 29 of the Small Business 

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


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1 (iii) eligible entities, as that term is 

2 defined in section 2411 of title 10, United 

3 States Code, that provide services under 

4 the program carried out under chapter 142 

5 of that title; and 

6 (iv) entities participating in the Hol7 lings Manufacturing Extension Partnership 

8 Program established under section 25 of 

9 the National Institute of Standards and 

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

11 (4) monitoring projects carried out by each 

12 Center; and 

13 (5) establishing and enforcing administrative 

14 and reporting requirements for each Center to carry 

15 out subsection (a). 

16 (i) REGULATIONS.—The Assistant Secretary shall 

17 issue and publish regulations that establish minimum 

18 standards regarding verification of minority business en19 terprise status for clients of entities operating under the 

20 MBDA Business Center Program. 

21 SEC. 114. MINIMIZING DISRUPTIONS TO EXISTING MBDA 

22 BUSINESS CENTER PROGRAM. 

23 The Assistant Secretary shall ensure that each Fed24 eral assistance award made under the Business Centers 

25 program of the Agency, as is in effect on the day before 


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1 the date of enactment of this Act, is carried out in a man2 ner that, to the greatest extent practicable, prevents dis3 ruption of any activity carried out under that award. 

4 SEC. 115. PUBLICITY. 

5 In carrying out the MBDA Business Center Pro6 gram, the Assistant Secretary shall widely publicize the 

7 MBDA Business Center Program, including— 

8 (1) on the website of the Agency; 

9 (2) via social media outlets; and 

10 (3) by sharing information relating to the 

11 MBDA Business Center Program with community12 based organizations, including interpretation groups 

13 where necessary, to communicate in the most com14 mon languages spoken by the groups served by those 

15 organizations. 

16 SEC. 116. FUNDING. 

17 The Assistant Secretary shall use not less than 50 

18 percent of the amount made available to carry out this 

19 Act in each of fiscal years 2021 through 2024 to carry 

20 out the MBDA Business Center Program, including the 

21 component of the program relating to specialty centers. 


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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 Agency shall conduct a Government10 business forum to review the current status of problems 

11 and programs relating to capital formation by minority 

12 business enterprises. 

13 (b) PARTICIPATION IN FORUM PLANNING.—The As14 sistant 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 Assistant Secretary may 

2 request that any head of a Federal department, 

3 agency, or organization, including those described in 

4 subsection (b), or any other group or individual, pre5 pare a statement or report to be delivered at any 

6 forum 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 Assistant Sec11 retary to fulfill that request. 

12 (d) TRANSMITTAL OF PROCEEDINGS AND FIND13 INGS.—The Assistant 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 Assistant 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 Assistant Secretary shall, when16 ever the Assistant Secretary determines such action is nec17 essary or appropriate— 

18 (1) promote and provide assistance for the edu19 cation and training of socially and economically dis20 advantaged individuals in subjects directly relating 

21 to business administration and management; 

22 (2) join with, and encourage, institutions of 

23 higher education, leaders in business and industry, 

24 and other public sector and private sector entities, 

25 particularly 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 and eco4 nomically disadvantaged individuals; and 

5 (B) sponsor seminars, conferences, and 

6 similar activities relating to business for the 

7 benefit of socially and 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 Assistant Secretary shall 

24 award grants to eligible institutions to develop and 

25 implement 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 planning; and 

15 (vii) any other skill set that the eligi16 ble institution determines is necessary for 

17 the students served by the eligible institu18 tion and the community in which the eligi19 ble institution is located; and 

20 (B) implement the curriculum developed 

21 under subparagraph (A) at the eligible institu22 tion. 

23 (4) IMPLEMENTATION TIMELINE.—The Assist24 ant Secretary shall establish and publish a timeline 

25 under which an eligible institution to which a grant 


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1 is awarded under this section shall carry out the re2 quirements under paragraph (3). 

3 (5) REPORTS.—Each year, the Assistant Sec4 retary shall submit to the Committee on Commerce, 

5 Science, and Transportation of the Senate, the Com6 mittee on Small Business and Entrepreneurship of 

7 the Senate, the Committee on Financial Services of 

8 the House of Representatives, and the Committee on 

9 Small Business of the House of Representatives, as 

10 part of the annual budget submission of the Presi11 dent under section 1105(a) of title 31, United States 

12 Code, a report evaluating the awarding and use of 

13 grants under this subsection during the fiscal year 

14 immediately preceding the date on which the report 

15 is submitted, which shall include, with respect to 

16 that fiscal year— 

17 (A) a description of each curriculum devel18 oped and implemented under each grant award19 ed under this section; 

20 (B) the date on which each grant awarded 

21 under this section was awarded; and 

22 (C) the number of eligible entities that 

23 were recipients of grants awarded under this 

24 section. 


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1 TITLE III—RURAL MINORITY 

2 BUSINESS CENTER PROGRAM 

3 SEC. 301. DEFINITIONS. 

4 In this title: 

5 (1) APPROPRIATE CONGRESSIONAL COMMIT6 TEES.—The term ‘‘appropriate congressional com7 mittees’’ means— 

8 (A) the Committee on Commerce, Science, 

9 and Transportation of the Senate; 

10 (B) the Committee on Small Business and 

11 Entrepreneurship of the Senate; 

12 (C) the Committee on Financial Services of 

13 the House of Representatives; and 

14 (D) the Committee on Small Business of 

15 the House of Representatives. 

16 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti17 ty’’ means— 

18 (A) a minority-serving institution; or 

19 (B) a consortium of institutions of higher 

20 education that is led by a minority-serving insti21 tution. 

22 (3) MBDA RURAL BUSINESS CENTER.—The 

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

24 MBDA Business Center that provides technical busiVerDate Sep 11 2014 23:37 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H2689.IH H2689

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1 ness assistance to minority business enterprises lo2 cated in rural areas. 

3 (4) MBDA RURAL BUSINESS CENTER AGREE4 MENT.—The term ‘‘MBDA Rural Business Center 

5 agreement’’ means an MBDA Business Center 

6 agreement that establishes the terms by which the 

7 recipient of the Federal assistance award that is the 

8 subject of the agreement shall operate an MBDA 

9 Rural Business Center. 

10 (5) MINORITY-SERVING INSTITUTION.—The 

11 term ‘‘minority-serving institution’’ means an insti12 tution described in any of paragraphs (1) through 

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

14 of 1965 (20 U.S.C. 1067q(a)). 

15 (6) RURAL AREA.— 

16 (A) IN GENERAL.—Subject to subpara17 graph (B), the term ‘‘rural area’’ has the mean18 ing given the term in section 343(a) of the Con19 solidated Farm and Rural Development Act (7 

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

21 (B) 100,000 INHABITANTS.—For the pur22 pose of this title, the reference to ‘‘50,000 in23 habitants’’ in section 343(a)(13)(A)(i) of the 

24 Consolidated Farm and Rural Development Act 


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1 (7 U.S.C. 1991(a)(13)(A)(i)) shall be deemed to 

2 refer to 100,000 inhabitants. 

3 (7) RURAL MINORITY BUSINESS ENTERPRISE.— 

4 The term ‘‘rural minority business enterprise’’ 

5 means a minority business enterprise located in a 

6 rural area. 

7 SEC. 302. BUSINESS CENTERS. 

8 (a) IN GENERAL.—The Assistant Secretary may es9 tablish MBDA Rural Business Centers. 

10 (b) PARTNERSHIP.— 

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

12 Rural Business Center established by the Assistant 

13 Secretary, the Assistant Secretary shall establish the 

14 MBDA Rural Business Center in partnership with 

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

16 (2) MBDA AGREEMENT.— 

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

18 MBDA Rural Business Center established by 

19 the Assistant Secretary, the Assistant Secretary 

20 shall enter into a cooperative agreement with an 

21 eligible entity that provides that— 

22 (i) the eligible entity shall provide 

23 space, facilities, and staffing for the 

24 MBDA Rural Business Center; 


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1 (ii) the Assistant Secretary shall pro2 vide funding for, and oversight with re3 spect to, the MBDA Rural Business Cen4 ter; and 

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

6 eligible entity shall match 20 percent of 

7 the amount of the funding provided by the 

8 Assistant Secretary under clause (ii), 

9 which may be calculated to include the 

10 costs of providing the space, facilities, and 

11 staffing under clause (i). 

12 (B) LOWER MATCH REQUIREMENT.— 

13 Based on the available resources of an eligible 

14 entity, the Assistant Secretary may enter into a 

15 cooperative agreement with the eligible entity 

16 that provides that— 

17 (i) the eligible entity shall match less 

18 than 20 percent of the amount of the fund19 ing provided by the Assistant Secretary 

20 under subparagraph (A)(ii); or 

21 (ii) if the Assistant Secretary makes a 

22 determination, upon a demonstration by 

23 the eligible entity of substantial need, the 

24 eligible entity shall not be required to pro25 vide any match with respect to the funding 


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1 provided by the Assistant Secretary under 

2 subparagraph (A)(ii). 

3 (C) ELIGIBLE FUNDS.—An eligible entity 

4 may provide matching funds required under an 

5 MBDA Rural Business Center agreement with 

6 Federal funds received from other Federal pro7 grams. 

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

9 Rural Business Center agreement shall be 3 years. 

10 (4) EXTENSION.—The Assistant Secretary and 

11 an eligible entity may agree to extend the term of 

12 an MBDA Rural Business Center agreement with 

13 respect to an MBDA Rural Business Center. 

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

15 shall— 

16 (1) primarily serve clients that are— 

17 (A) rural minority business enterprises; or 

18 (B) minority business enterprises that are 

19 located more than 50 miles from an MBDA 

20 Business Center (other than that MBDA Rural 

21 Business Center); 

22 (2) focus on— 

23 (A) issues relating to— 

24 (i) the adoption of broadband internet 

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


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1 of title 47, Code of Federal Regulations, or 

2 any successor regulation), digital literacy 

3 skills, and e-commerce by rural minority 

4 business enterprises; 

5 (ii) advanced manufacturing; 

6 (iii) the promotion of manufacturing 

7 in the United States; 

8 (iv) ways in which rural minority busi9 ness enterprises can meet gaps in the sup10 ply chain of critical supplies and essential 

11 goods and services for the United States; 

12 (v) improving the connectivity of rural 

13 minority business enterprises through 

14 transportation and logistics; 

15 (vi) promoting trade and export op16 portunities by rural minority business en17 terprises; 

18 (vii) securing financial capital; 

19 (viii) facilitating entrepreneurship in 

20 rural areas; and 

21 (ix) creating jobs in rural areas; and 

22 (B) any other issue relating to the unique 

23 challenges faced by rural minority business en24 terprises; and 


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1 (3) provide education, training, and legal, finan2 cial, and technical assistance to minority business 

3 enterprises. 

4 (d) APPLICATIONS.— 

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

6 the date of enactment of this Act, the Assistant Sec7 retary shall issue a Notice of Funding Opportunity 

8 requesting applications from eligible entities that de9 sire to enter into MBDA Rural Business Center 

10 agreements. 

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

12 eligible entity with which to enter into an MBDA 

13 Rural Business Center agreement, the Assistant 

14 Secretary shall— 

15 (A) select an eligible entity that dem16 onstrates— 

17 (i) the ability to collaborate with gov18 ernmental and private sector entities to le19 verage capabilities of minority business en20 terprises through public-private partner21 ships; 

22 (ii) the research and extension capac23 ity to support minority business enter24 prises; 


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1 (iii) knowledge of the community that 

2 the eligible entity serves and the ability to 

3 conduct effective outreach to that commu4 nity to advance the goals of an MBDA 

5 Rural Business Center; 

6 (iv) the ability to provide innovative 

7 business solutions, including access to con8 tracting opportunities, markets, and cap9 ital; 

10 (v) the ability to provide services that 

11 advance the development of science, tech12 nology, engineering, and math jobs within 

13 minority business enterprises; 

14 (vi) the ability to leverage resources 

15 from within the eligible entity to advance 

16 an MBDA Rural Business Center; 

17 (vii) that the mission of the eligible 

18 entity aligns with the mission of the Agen19 cy; 

20 (viii) the ability to leverage relation21 ships with rural minority business enter22 prises; and 

23 (ix) a referral relationship with not 

24 less than 1 community-based organization; 

25 and 


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1 (B) give priority to an eligible entity lo2 cated in a State or region that lacks an MBDA 

3 Business Center, as of the date of enactment of 

4 this Act. 

5 SEC. 303. REPORT TO CONGRESS. 

6 Not later than 1 year after the date of enactment 

7 of this Act, the Assistant Secretary shall submit to the 

8 appropriate congressional committees a report that in9 cludes— 

10 (1) a summary of the efforts of the Assistant 

11 Secretary to provide services to minority business 

12 enterprises located in States that lack an MBDA 

13 Business Center, as of the date of enactment of this 

14 Act, and especially in those States that have signifi15 cant minority populations; and 

16 (2) recommendations for extending the outreach 

17 of the Agency to underserved areas. 

18 SEC. 304. STUDY AND REPORT. 

19 (a) IN GENERAL.—The Assistant Secretary, in co20 ordination with relevant leadership of the Agency and rel21 evant individuals outside of the Department of Commerce, 

22 shall conduct a study that addresses the ways in which 

23 minority business enterprises can meet gaps in the supply 

24 chain of the United States, with a particular focus on the 


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1 supply chain of advanced manufacturing and essential 

2 goods and services. 

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

4 of enactment of this Act, the Assistant Secretary shall 

5 submit to the appropriate congressional committees a re6 port that includes the results of the study conducted under 

7 subsection (a), which shall include recommendations re8 garding the ways in which minority business enterprises 

9 can meet gaps in the supply chain of the United States. 

10 TITLE IV—MINORITY BUSINESS 

11 DEVELOPMENT GRANTS 

12 SEC. 401. GRANTS TO NONPROFIT ORGANIZATIONS THAT 

13 SUPPORT MINORITY BUSINESS ENTER14 PRISES. 

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

16 entity’’ means a private nonprofit organization that— 

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

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

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

20 of such Code; and 

21 (2) can demonstrate that the primary mission 

22 of the organization is to provide services to minority 

23 business enterprises, whether through education, 

24 making grants or loans, or other similar activities. 


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

2 make grants to covered entities to help those covered enti3 ties continue the necessary work of supporting minority 

4 business enterprises. 

5 (c) ESTABLISHMENT.—Not later than 180 days after 

6 the date of enactment of this Act, the Assistant Secretary 

7 shall establish within the Agency a grant program under 

8 which the Assistant Secretary shall make grants to cov9 ered entities in accordance with the requirements of this 

10 section. 

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

12 under this section shall submit to the Assistant Secretary 

13 an application at such time, in such manner, and con14 taining such information as the Assistant Secretary may 

15 require. 

16 (e) PRIORITY.—The Assistant Secretary shall, in car17 rying out this section, prioritize granting an application 

18 submitted by a covered entity— 

19 (1) the primary mission of which is serving so20 cially and economically disadvantaged individuals; or 

21 (2) that is located in a federally recognized area 

22 of economic distress. 

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

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


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1 to support the development and growth of minority busi2 ness enterprises. 

3 (g) PROCEDURES.—The Assistant Secretary shall es4 tablish procedures to discourage and prevent waste, fraud, 

5 and abuse by applicants for, and recipients of, grants 

6 made under this section. 

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

8 180 days after the date on which the Assistant Secretary 

9 begins making grants under this section, the Inspector 

10 General of the Department of Commerce shall— 

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

12 section, which shall seek to identify any discrep13 ancies or irregularities with respect to those grants; 

14 and 

15 (2) submit to Congress a report regarding the 

16 audit conducted under paragraph (1). 

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

18 after the date on which the Assistant Secretary establishes 

19 the grant program under subsection (c), and once every 

20 30 days thereafter, the Assistant Secretary shall submit 

21 to Congress a report that contains— 

22 (1) the number of grants made under this sec23 tion during the period covered by the report; and 


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1 (2) with respect to the grants described in para2 graph (1), the geographic distribution of those 

3 grants by State and county. 

4 SEC. 402. MINORITY BUSINESS GRANTS. 

5 (a) IN GENERAL.—The Assistant Secretary may 

6 award grants to minority business enterprises for the pur7 pose of— 

8 (1) growing a minority business enterprise; or 

9 (2) helping a minority business enterprise to re10 main in business. 

11 (b) ESTABLISHMENT OF OFFICE.—The Assistant 

12 Secretary shall establish an office within the Agency that 

13 has adequate staffing to award and administer grants 

14 under subsection (a). 

15 (c) UPDATES TO CONGRESS.—Not later than 120 

16 days after the date of enactment of this Act, and once 

17 every 30 days thereafter, the Assistant Secretary shall 

18 submit to Congress a report that contains— 

19 (1) the number of grants made under this sec20 tion during the period covered by the report; and 

21 (2) with respect to the grants described in para22 graph (1)— 

23 (A) the geographic distribution of those 

24 grants by State and county; and 


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1 (B) with respect to each minority business 

2 enterprise to which such a grant is awarded— 

3 (i) demographic information with re4 spect to the minority business enterprise; 

5 and 

6 (ii) information regarding the industry 

7 in which the minority business enterprise 

8 operates. 

9 TITLE V—ADMINISTRATIVE AND 

10 OTHER POWERS OF THE 

11 AGENCY; MISCELLANEOUS 

12 PROVISIONS 

13 SEC. 501. ADMINISTRATIVE POWERS. 

14 (a) IN GENERAL.—In carrying out this Act, the As15 sistant Secretary may— 

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

17 shall be judicially noticed; 

18 (2) hold hearings, sit and act, and take testi19 mony as the Assistant Secretary may determine to 

20 be necessary or appropriate to carry out this Act; 

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

22 that the Assistant Secretary determines to be nec23 essary or appropriate to carry out this Act; 


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1 (4) make advance payments under grants, con2 tracts, and cooperative agreements awarded under 

3 this Act; 

4 (5) 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; 

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

10 Small and Disadvantaged Business Utilization of 

11 Federal agencies; 

12 (7) require a coordinated review of all training 

13 and technical assistance activities that are proposed 

14 to be carried out by Federal agencies in direct sup15 port of the development of minority business enter16 prises to— 

17 (A) ensure consistency with the purposes 

18 of this Act; and 

19 (B) avoid duplication of existing efforts; 

20 and 

21 (8) prescribe such rules, regulations, and proce22 dures as the Assistant Secretary determines to be 

23 necessary or appropriate to carry out this Act. 

24 (b) EMPLOYMENT OF CERTAIN EXPERTS AND CON25 SULTANTS.— 


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

2 Assistant Secretary may employ experts and consult3 ants or organizations that are composed of experts 

4 or consultants, as authorized under section 3109 of 

5 title 5, United States Code. 

6 (2) RENEWAL OF CONTRACTS.—The Assistant 

7 Secretary may annually renew a contract for employ8 ment of an individual employed under paragraph 

9 (1). 

10 (c) DONATION OF PROPERTY.— 

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

12 carrying out this Act, the Assistant Secretary may, 

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

14 donate for use by any public sector entity, or by any 

15 recipient nonprofit organization, for the purpose of 

16 the development of minority business enterprises, 

17 any real or tangible personal property acquired by 

18 the Agency in carrying out this Act. 

19 (2) TERMS, CONDITIONS, RESERVATIONS, AND

20 RESTRICTIONS.—The Assistant Secretary may im21 pose reasonable terms, conditions, reservations, and 

22 restrictions upon the use of any property donated 

23 under paragraph (1). 

24 SEC. 502. FEDERAL ASSISTANCE. 

25 (a) IN GENERAL.— 


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1 (1) PROVISION OF FEDERAL ASSISTANCE.—To 

2 carry out sections 101, 102, and 103(a), the Assist3 ant Secretary may provide Federal assistance to 

4 public sector entities and private sector entities in 

5 the form of grants or cooperative agreements. 

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

7 date on which amounts are appropriated to carry 

8 out this section, the Assistant Secretary shall, in ac9 cordance with subsection (b), broadly publish a 

10 statement regarding Federal assistance that will, or 

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

12 fiscal year for which those amounts are appro13 priated, including— 

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

15 Federal assistance that will, or may, be made 

16 available; 

17 (B) the types of Federal assistance that 

18 will, or may, be made available; 

19 (C) the manner in which Federal assist20 ance will be allocated among public sector enti21 ties and private sector entities, as applicable; 

22 and 

23 (D) the methodology used by the Assistant 

24 Secretary to make allocations under subpara25 graph (C). 


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1 (3) CONSULTATION.—The Assistant Secretary 

2 shall consult with public sector entities and private 

3 sector entities, as applicable, in deciding the 

4 amounts and types of Federal assistance to make 

5 available under paragraph (1). 

6 (b) PUBLICITY.—In carrying out this section, the As7 sistant Secretary shall broadly publicize all opportunities 

8 for Federal assistance available under this section, includ9 ing through the means required under section 115. 

10 SEC. 503. AUDITS. 

11 (a) RECORDKEEPING REQUIREMENT.—Each recipi12 ent of assistance under this Act shall keep such records 

13 as the Assistant Secretary shall prescribe, including 

14 records that fully disclose, with respect to the assistance 

15 received by the recipient under this Act— 

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

17 (2) the disposition by the recipient of the pro18 ceeds of that assistance; 

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

20 the assistance is given or used; 

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

22 cost of the undertaking described in paragraph (3) 

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

24 and 


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1 (5) any other record that will facilitate an effec2 tive audit with respect to the assistance. 

3 (b) ACCESS BY GOVERNMENT OFFICIALS.—The As4 sistant Secretary, the Inspector General of the Depart5 ment of Commerce, and the Comptroller General of the 

6 United States, or any duly authorized representative of 

7 any such individual, shall have access, for the purpose of 

8 audit, investigation, and examination, to any book, docu9 ment, paper, record, or other material of a recipient of 

10 assistance under this Act that pertains to the assistance 

11 received by the recipient under this Act. 

12 SEC. 504. REVIEW AND REPORT BY COMPTROLLER GEN13 ERAL. 

14 Not later than 4 years after the date of enactment 

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

16 shall— 

17 (1) conduct a thorough review of the programs 

18 carried out under this Act; and 

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

20 findings of the Comptroller General of the United 

21 States under the review carried out under paragraph 

22 (1), which shall include— 

23 (A) an evaluation of the effectiveness of 

24 the programs in achieving the purposes of this 

25 Act; 


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1 (B) a description of any failure by any re2 cipient of assistance under this Act to comply 

3 with the requirements under this Act; and 

4 (C) recommendations for any legislative or 

5 administrative action that should be taken to 

6 improve the achievement of the purposes of this 

7 Act. 

8 SEC. 505. ANNUAL REPORTS; RECOMMENDATIONS. 

9 (a) ANNUAL REPORT.—Not later than 90 days after 

10 the last day of each fiscal year, the Assistant Secretary 

11 shall submit to Congress, and publish on the website of 

12 the Agency, a report of each activity of the Agency carried 

13 out under this Act during the fiscal year preceding the 

14 date on which the report is submitted. 

15 (b) RECOMMENDATIONS.—The Assistant Secretary 

16 shall periodically submit to Congress and the President 

17 recommendations for legislation or other actions that the 

18 Assistant Secretary determines to be necessary or appro19 priate to promote the purposes of this Act. 

20 SEC. 506. SEPARABILITY. 

21 If a provision of this Act, or the application of a pro22 vision of this Act to any person or circumstance, is held 

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

24 judgment— 

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


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

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

3 person or circumstance; and 

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

5 (A) the provision of this Act with respect 

6 to which the judgment is rendered; or 

7 (B) the application of the provision of this 

8 Act to each person or circumstance directly in9 volved in the controversy in which the judgment 

10 is rendered. 

11 SEC. 507. EXECUTIVE ORDER 11625. 

12 The powers and duties of the Agency shall be deter13 mined— 

14 (1) in accordance with this Act and the require15 ments of this Act; and 

16 (2) without regard to Executive Order 11625 

17 (36 Fed. Reg. 19967; relating to prescribing addi18 tional arrangements for developing and coordinating 

19 a national program for minority business enter20 prise). 

21 SEC. 508. AMENDMENT TO THE FEDERAL ACQUISITION 

22 STREAMLINING ACT OF 1994. 

23 Section 7104(c) of the Federal Acquisition Stream24 lining Act of 1994 (15 U.S.C. 644a(c)) is amended by 

25 striking paragraph (2) and inserting the following: 


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1 ‘‘(2) The Assistant Secretary of Commerce for 

2 Minority Business Development.’’. 

3 SEC. 509. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated to the As5 sistant Secretary not less than $100,000,000 for fiscal 

6 year 2021, and each fiscal year thereafter, to carry out 

7 this Act. 

Æ 


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