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. PERL-
MUTTER, Mr. HIMES, Mr. MFUME, Mr. KILMER, Ms. CHU, and Mr. 
SHERMAN) introduced the following bill; which was referred to the Com-
mittee 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 jurisdic-
tion 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Minority Business Resiliency Act of 2021’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. 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 entrepreneur-
ship. 
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 en-
terprises. 
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. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) During times of economic downturn or re-
cession, communities of color, and businesses within 
those communities, are generally more adversely af-
fected, which requires an expansion of the ability of 
the Federal Government to infuse resources into 
those communities. 
(2) Despite the growth in the number of minor-
ity business enterprises, gaps remain with respect to 
key metrics for those enterprises, such as access to 
capital, revenue, number of employees, and survival 
rate. Specifically— 
(A) according to the Department of Com-
merce, minority business enterprises are 2 to 3 
times more likely to be denied loans than non- 
minority business enterprises; 
(B) according to the Bureau of the Cen-
sus, the average non-minority business enter-
prise reports receipts that are more than 3 
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times higher than receipts reported by the aver-
age minority business enterprise; and 
(C) according to the Kauffman Founda-
tion— 
(i) minority business enterprises are 
1⁄2 as likely to employ individuals, as com-
pared with non-minority business enter-
prises; and 
(ii) if minorities started and owned 
businesses at the same rate as non-minori-
ties, the United States economy would 
have more than 1,000,000 additional em-
ployer businesses and more than 9,500,000 
additional jobs. 
(3) Because of the conditions described in para-
graph (2), it is in the interest of the United States 
and the economy of the United States to expedi-
tiously ameliorate the disparities that minority busi-
ness enterprises experience. 
(4) Many individuals who own minority busi-
ness enterprises are socially disadvantaged because 
those individuals identify as members of certain 
groups that have suffered the effects of discrimina-
tory practices or similar circumstances over which 
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those individuals have no control, including individ-
uals who are— 
(A) Black or African American; 
(B) Hispanic or Latino; 
(C) American Indian or Alaska Native; 
(D) Asian; and 
(E) Native Hawaiian or other Pacific Is-
lander. 
(5) Discriminatory practices and similar cir-
cumstances described in paragraph (4) are a signifi-
cant determinant of overall economic disadvantage 
in the United States, which is evident in the per-
sistent racial wealth gap in the United States. 
(6) While other Federal agencies focus only on 
small businesses and businesses that represent a 
broader demographic than solely minority business 
enterprises, the Agency focuses exclusively on— 
(A) the unique needs of minority business 
enterprises; and 
(B) enhancing the capacity of minority 
business enterprises. 
(b) PURPOSES.—The purposes of this Act are to— 
(1) require the Agency to promote and admin-
ister programs in the public and private sectors to 
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assist the development of minority business enter-
prises; and 
(2) achieve the development described in para-
graph (1) by authorizing the Assistant Secretary to 
carry out programs that will result in increased ac-
cess to capital, management, and technology for mi-
nority business enterprises. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) AGENCY.—The term ‘‘Agency’’ means the 
Minority Business Development Agency of the De-
partment of Commerce. 
(2) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of 
Commerce for Minority Business Development, who 
is appointed as described in section 4(b) to admin-
ister this Act. 
(3) COMMUNITY-BASED
ORGANIZATION.—The 
term ‘‘community-based organization’’ has the 
meaning given the term in section 8101 of the Ele-
mentary and Secondary Education Act of 1965 (20 
U.S.C. 7801). 
(4) ELIGIBLE ENTITY.—Except as otherwise ex-
pressly provided, the term ‘‘eligible entity’’— 
(A) means— 
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(i) a private sector entity; 
(ii) a public sector entity; or 
(iii) a Tribal government; and 
(B) includes an institution of higher edu-
cation. 
(5) FEDERAL
AGENCY.—The term ‘‘Federal 
agency’’ has the meaning given the term ‘‘agency’’ 
in section 551 of title 5, United States Code. 
(6) FEDERALLY
RECOGNIZED
AREA
OF
ECO-
NOMIC DISTRESS.—The term ‘‘federally recognized 
area of economic distress’’ means— 
(A) a HUBZone, as that term is defined in 
section 31(b) of the Small Business Act (15 
U.S.C. 657a(b)); 
(B) an area that— 
(i) has been designated as— 
(I) an empowerment zone under 
section 1391 of the Internal Revenue 
Code of 1986; or 
(II) a Promise Zone by the Sec-
retary of Housing and Urban Devel-
opment; or 
(ii) is a low or moderate income area, 
as determined by the Bureau of the Cen-
sus; 
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(C) a qualified opportunity zone, as that 
term is defined in section 1400Z–1 of the Inter-
nal Revenue Code of 1986; or 
(D) any other political subdivision or unin-
corporated area of a State determined by the 
Assistant Secretary to be an area of economic 
distress. 
(7) 
INDIAN
TRIBE.—The 
term 
‘‘Indian 
Tribe’’— 
(A) has the meaning given the term in sec-
tion 4 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 5304); 
and 
(B) includes a Native Hawaiian organiza-
tion. 
(8) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001). 
(9) MBDA 
BUSINESS
CENTER.—The term 
‘‘MBDA Business Center’’ means any business cen-
ter that— 
(A) is established by the Agency; and 
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(B) provides technical business assistance 
to minority business enterprises consistent with 
the requirements of this Act. 
(10) MBDA BUSINESS CENTER AGREEMENT.— 
The term ‘‘MBDA Business Center agreement’’ 
means a legal instrument— 
(A) reflecting a relationship between the 
Agency and the recipient of a Federal assist-
ance award that is the subject of the instru-
ment; and 
(B) that establishes the terms by which the 
recipient described in subparagraph (A) shall 
operate an MBDA Business Center. 
(11) MINORITY
BUSINESS
ENTERPRISE.—The 
term ‘‘minority business enterprise’’ means a busi-
ness enterprise (without regard to whether the busi-
ness enterprise is a for-profit or not-for-profit enter-
prise)— 
(A) that is not less than 51 percent-owned 
by 1 or more socially and economically dis-
advantaged individuals; and 
(B) the management and daily business 
operations of which are controlled by 1 or more 
socially and economically disadvantaged individ-
uals. 
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(12) PRIVATE
SECTOR
ENTITY.—The term 
‘‘private sector entity’’— 
(A) means an entity that is not a public 
sector entity; and 
(B) does not include— 
(i) the Federal Government; 
(ii) any Federal agency; or 
(iii) any instrumentality of the Fed-
eral Government. 
(13) PUBLIC SECTOR ENTITY.—The term ‘‘pub-
lic sector entity’’ means— 
(A) a State; 
(B) an agency of a State; 
(C) a political subdivision of a State; or 
(D) an agency of a political subdivision of 
a State. 
(14) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Commerce. 
(15) SOCIALLY AND ECONOMICALLY DISADVAN-
TAGED INDIVIDUAL.— 
(A) IN GENERAL.—The term ‘‘socially and 
economically disadvantaged individual’’ means 
an individual who has been subjected to racial 
or ethnic prejudice, or to cultural bias, because 
of the identity of the individual as a member of 
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a group, without regard to any individual qual-
ity of the individual that is unrelated to that 
identity. 
(B) PRESUMPTION.—In carrying out this 
Act, the Assistant Secretary shall presume that 
the term ‘‘socially and economically disadvan-
taged individual’’ includes any individual who 
is— 
(i) Black or African American; 
(ii) Hispanic or Latino; 
(iii) American Indian or Alaska Na-
tive; 
(iv) Asian; 
(v) Native Hawaiian or other Pacific 
Islander; or 
(vi) a member of a group that the 
Agency determines under part 1400 of title 
15, Code of Federal Regulations, as in ef-
fect on November 23, 1984, is a socially 
disadvantaged group eligible to receive as-
sistance. 
(16) SPECIALTY CENTER.—The term ‘‘specialty 
center’’ means an MBDA Business Center that pro-
vides specialty services focusing on specific business 
needs, including assistance relating to— 
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(A) capital access; 
(B) Federal procurement; 
(C) entrepreneurship; 
(D) technology transfer; or 
(E) any other area determined necessary 
or appropriate based on the priorities of the 
Agency. 
(17) STATE.—The term ‘‘State’’ means— 
(A) each of the States of the United 
States; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
(D) the United States Virgin Islands; 
(E) Guam; 
(F) American Samoa; 
(G) the Commonwealth of the Northern 
Mariana Islands; and 
(H) each Indian Tribe. 
SEC. 4. MINORITY BUSINESS DEVELOPMENT AGENCY. 
(a) IN GENERAL.—There is within the Department 
of Commerce the Minority Business Development Agency. 
(b) ASSISTANT SECRETARY.— 
(1) APPOINTMENT AND DUTIES.—The Agency 
shall be headed by an Assistant Secretary of Com-
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merce for Minority Business Development, who shall 
be— 
(A) appointed by the President, by and 
with the advice and consent of the Senate; and 
(B) except as otherwise expressly provided, 
responsible for the administration of this Act. 
(2) COMPENSATION.— 
(A) IN
GENERAL.—The Assistant Sec-
retary shall be compensated at an annual rate 
of basic pay prescribed for level IV of the Exec-
utive Schedule under section 5315 of title 5, 
United States Code. 
(B) TECHNICAL AND CONFORMING AMEND-
MENT.—Section 5315 of title 5, United States 
Code, is amended, in the item relating to As-
sistant Secretaries of Commerce, by striking 
‘‘(11)’’ and inserting ‘‘(12)’’. 
(c) REPORT TO CONGRESS.—Not later than 120 days 
after the date of enactment of this Act, the Secretary shall 
submit to Congress a report that describes— 
(1) the organizational structure of the Agency; 
(2) the organizational position of the Agency 
within the Department of Commerce; and 
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(3) a description of how the Agency shall func-
tion in relation to the operations carried out by each 
other component of the Department of Commerce. 
(d) OFFICE OF BUSINESS CENTERS.— 
(1) ESTABLISHMENT.—There is established 
within the Agency an Office of Business Centers. 
(2) DIRECTOR.—The Office of Business Cen-
ters shall be administered by a Director, who shall 
be appointed by the Assistant Secretary. 
(e) OFFICES OF THE AGENCY.— 
(1) IN GENERAL.—In addition to the regional 
offices that the Assistant Secretary is required to es-
tablish under paragraph (2), the Assistant Secretary 
shall establish such other offices within the Agency 
as are necessary to carry out this Act. 
(2) REGIONAL OFFICES.— 
(A) IN GENERAL.—In order to carry out 
this Act, the Assistant Secretary shall establish 
a regional office of the Agency for each of the 
regions of the United States, as determined by 
the Assistant Secretary. 
(B) DUTIES.—Each regional office estab-
lished under subparagraph (A) shall expand the 
reach of the Agency and enable the Federal 
Government to better serve the needs of minor-
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ity business enterprises in the region served by 
the office, including by— 
(i) understanding and participating in 
the business environment of that region; 
(ii) working with— 
(I) MBDA Business Centers that 
are located in that region; 
(II) resource and lending part-
ners of the Small Business Adminis-
tration and the Department of Agri-
culture that are located in that region; 
and 
(III) Federal, State, and local 
procurement offices that are located 
in that region; 
(iii) being aware of business retention 
or expansion programs that are specific to 
that region; 
(iv) seeking out opportunities to col-
laborate with regional public and private 
programs that focus on minority business 
enterprises; and 
(v) promoting business continuity and 
preparedness. 
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(iii) knowledge of the community that 
the eligible entity serves and the ability to 
conduct effective outreach to that commu-
nity to advance the goals of an MBDA 
Rural Business Center; 
(iv) the ability to provide innovative 
business solutions, including access to con-
tracting opportunities, markets, and cap-
ital; 
(v) the ability to provide services that 
advance the development of science, tech-
nology, engineering, and math jobs within 
minority business enterprises; 
(vi) the ability to leverage resources 
from within the eligible entity to advance 
an MBDA Rural Business Center; 
(vii) that the mission of the eligible 
entity aligns with the mission of the Agen-
cy; 
(viii) the ability to leverage relation-
ships with rural minority business enter-
prises; and 
(ix) a referral relationship with not 
less than 1 community-based organization; 
and 
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