guarantee or related agreements, the Di-
rector shall pay to the holder of the guar-
antee the unpaid interest on, and unpaid 
principal of the obligation as to which the 
borrower has defaulted, unless the Director 
finds that there was no default by the bor-
rower in the payment of interest or prin-
cipal or that the default has been rem-
edied. 
(iii) FORBEARANCE.—Nothing in this 
paragraph precludes any forbearance by 
the holder of the obligation for the benefit 
of the borrower which may be agreed upon 
by the parties to the obligation and ap-
proved by the Director. 
(B) SUBROGATION.— 
(i) IN
GENERAL.—If the Director 
makes a payment under subparagraph (A), 
the Director shall be subrogated to the 
rights of the recipient of the payment as 
specified in the guarantee or related agree-
ments including, where appropriate, the 
authority (notwithstanding any other pro-
vision of law) to— 
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(I) complete, maintain, operate, 
lease, or otherwise dispose of any 
property acquired pursuant to such 
guarantee or related agreements; or 
(II) permit the borrower, pursu-
ant to an agreement with the Direc-
tor, to continue to pursue the pur-
poses of the project if the Director de-
termines this to be in the public inter-
est. 
(ii) SUPERIORITY
OF
RIGHTS.—The 
rights of the Director, with respect to any 
property acquired pursuant to a guarantee 
or related agreements, shall be superior to 
the rights of any other person with respect 
to the property. 
(iii) TERMS
AND
CONDITIONS.—A 
guarantee agreement shall include such de-
tailed terms and conditions as the Director 
determines appropriate to— 
(I) protect the interests of the 
United States in the case of default; 
and 
(II) have available all the patents 
and technology necessary for any per-
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son selected, including the Director, to 
complete and operate the project. 
(C) PAYMENT OF PRINCIPAL AND INTER-
EST BY DIRECTOR.—With respect to any obliga-
tion guaranteed under this section, the Director 
may enter into a contract to pay, and pay, hold-
ers of the obligation, for and on behalf of the 
borrower, from funds appropriated for that pur-
pose, the principal and interest payments which 
become due and payable on the unpaid balance 
of the obligation if the Director finds that— 
(i)(I) the borrower is unable to meet 
the payments and is not in default; 
(II) it is in the public interest to per-
mit the borrower to continue to pursue the 
purposes of the project; and 
(III) the probable net benefit to the 
Federal Government in paying the prin-
cipal and interest will be greater than that 
which would result in the event of a de-
fault; 
(ii) the amount of the payment that 
the Director is authorized to pay shall be 
no greater than the amount of principal 
and interest that the borrower is obligated 
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to pay under the agreement being guaran-
teed; and 
(iii) the borrower agrees to reimburse 
the Director for the payment (including in-
terest) on terms and conditions that are 
satisfactory to the Director. 
(D) ACTION BY ATTORNEY GENERAL.— 
(i) NOTIFICATION.—If the borrower 
defaults on an obligation, the Director 
shall notify the Attorney General of the de-
fault. 
(ii) RECOVERY.—On notification, the 
Attorney General shall take such action as 
is appropriate to recover the unpaid prin-
cipal and interest due from— 
(I) such assets of the defaulting 
borrower as are associated with the 
obligation; or 
(II) any other security pledged to 
secure the obligation. 
(4) FEES.— 
(A) IN
GENERAL.—The Director shall 
charge and collect fees for guarantees in 
amounts the Director determines are sufficient 
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to cover applicable administrative expenses, not 
to exceed 1 percent of the amount guaranteed. 
(B) AVAILABILITY.—Fees collected under 
this paragraph shall— 
(i) be deposited by the Director into 
the Treasury; and 
(ii) remain available until expended, 
subject to such other conditions as are con-
tained in annual appropriations Acts. 
(c) CREDIT REQUIREMENTS.—To receive a loan 
guaranteed under this section a qualified minority busi-
ness shall— 
(1) be in good standing with regard to the cred-
it of that business in the determination of the Direc-
tor; 
(2) have received technical assistance under sec-
tion 103; and 
(3) submit reports, at such time, in such form, 
and containing such information as the Director 
may require regarding the credit of the business. 
(d) LIMITS ON GUARANTEE AMOUNTS.— 
(1) MAXIMUM AMOUNT OF GUARANTEE.—The 
Director may not guarantee more than $450,000 of 
any loan under this section. 
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(2) MAXIMUM GROSS LOAN AMOUNT.—A loan 
guaranteed under this section may not be for a gross 
loan amount in excess of $500,000. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Director not more 
than $500,000,000 to carry out this section during fiscal 
years 2011 through 2016. 
SEC. 105. SET-ASIDE CONTRACTING OPPORTUNITIES. 
(a) IN GENERAL.—The Director may enter into 
agreements with the United States Government and any 
department, agency, or officer thereof having procurement 
powers for purposes of providing for the fulfillment of pro-
curement contracts and providing opportunities for quali-
fied minority businesses with regard to such contracts. 
(b) QUALIFICATIONS ON PARTICIPATION.—The Di-
rector shall by rule establish requirements for participa-
tion under this section by a qualified minority business 
in a contract. 
(c) ANNUAL LIMIT ON NUMBER OF CONTRACTS PER 
QUALIFIED MINORITY BUSINESS.—A qualified minority 
business may not participate under this section in con-
tracts in an amount that exceeds $10,000,000 for goods 
and services each fiscal year. 
(d) LIMITS ON CONTRACT AMOUNTS.— 
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(1) GOODS AND SERVICES.—Except as provided 
in paragraph (2), a contract for goods and services 
under this section may not exceed $6,000,000. 
(2) MANUFACTURING AND CONSTRUCTION.—A 
contract for manufacturing and construction services 
under this section may not exceed $10,000,000. 
SEC. 106. TERMINATION FROM THE PROGRAM. 
The Director may terminate a qualified minority 
business from the Program for any violation of a require-
ment of sections 102 through 105 of this Act by that 
qualified minority business, including the following: 
(1) Conduct by a principal of the qualified mi-
nority business that indicates a lack of business in-
tegrity. 
(2) Willful failure to comply with applicable 
labor standards and obligations. 
(3) Consistent failure to tender adequate per-
formance with regard to contracts under the Pro-
gram. 
(4) Failure to obtain and maintain relevant cer-
tifications. 
(5) Failure to pay outstanding obligations owed 
to the Federal Government. 
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SEC. 107. REPORTS. 
(a) REPORT OF THE DIRECTOR.—Not later than Oc-
tober 1, 2011, and annually thereafter, the Director shall 
submit to the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
describing the activities of the Director during the pre-
ceding year with respect to the Program. 
(b) REPORT OF THE SECRETARY OF COMMERCE.— 
Not later than October 1, 2011, and annually thereafter, 
the Secretary of Commerce shall submit to the Committee 
on Energy and Commerce of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report describing the activities the 
Secretary engaged in during the preceding year to build 
wealth among historically disadvantaged individuals. 
SEC. 108. DEFINITIONS. 
In this Act: 
(1) The term ‘‘historically disadvantaged indi-
vidual’’ means any individual who is a member of a 
group that is designated as eligible to receive assist-
ance under section 1400.1 of title 15, Code of Fed-
eral Regulations, as in effect on January 1, 2009. 
(2) The term ‘‘principal’’ means any person 
that the Director determines to exercise significant 
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control over the regular operations of a business en-
tity. 
TITLE II—MINORITY BUSINESS 
DEVELOPMENT 
AGENCY 
DATABASE 
SEC. 201. MINORITY BUSINESS DEVELOPMENT AGENCY 
DATABASE. 
Not later than 90 days after the date of enactment 
of this Act, the National Director of the Minority Business 
Development Agency shall establish a database to assist 
prime contractors in identifying historically disadvantaged 
firms for subcontracting. 
DIVISION C—COMMUNITY ECO-
NOMIC DEVELOPMENT PRO-
VISIONS 
TITLE I—ENSURING JOB QUAL-
ITY AND ACCESS IN THE CON-
STRUCTION SECTOR 
SEC. 101. TARGETED HIRING REQUIREMENT FOR CERTAIN 
CONSTRUCTION JOBS. 
(a) CONTRACTS SUBJECT TO THIS SECTION.—The 
requirements of this section shall apply to all contracts 
for construction and rehabilitation of facilities and infra-
structure funded directly by or assisted in whole or in part 
by or through the Federal Government in fiscal year 2011. 
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(b) EMPLOYMENT OF TARGETED WORKERS.— 
(1) PROJECT
WORK
HOURS
REQUIREMENT.— 
The Secretary of Labor shall establish a minimum 
percentage of construction work hours to be per-
formed by targeted workers for each contract subject 
to this section in each labor market area. 
(2) UTILIZATION
OF
APPRENTICESHIP
PRO-
GRAMS.— 
(A) 
CONTRACTOR
PARTICIPATION
RE-
QUIREMENTS.—Each contractor and subcon-
tractor that seeks to provide construction serv-
ices on contracts subject to this section shall 
submit adequate assurances with its bid or pro-
posal that it participates in a qualified appren-
ticeship program, with a written arrangement 
with a qualified pre-apprenticeship program, as 
defined by the Secretary of Labor, for each 
craft or trade classification of worker that the 
contractor or subcontractor intends to employ 
to perform work on the project. 
(B) CERTIFICATION OF OTHER PROGRAMS 
IN CERTAIN LOCALITIES.—In the event that the 
Secretary of Labor certifies that a qualified ap-
prenticeship program (as defined in subpara-
graph (A)) for a craft or trade classification 
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that a prospective contractor or subcontractor 
intends to employ, is not operated in the local-
ity where the contract or subcontract will be 
performed, an apprenticeship or other training 
program that is not an employee welfare benefit 
plan (as defined in such section) may be cer-
tified by the Secretary as a qualified appren-
ticeship or other training program provided it is 
registered with the Department of Labor, Office 
of Apprenticeship, or a State apprenticeship 
agency recognized by the Office of Apprentice-
ship for Federal purposes. 
(C) APPRENTICE UTILIZATION.—Each con-
tractor and subcontractor performing work on 
contracts subject to this section shall employ 
apprentices or trainees enrolled in qualified ap-
prenticeship programs to the maximum extent 
permitted in the program’s written standards, 
and shall submit adequate assurances that it is 
not party to contractual agreements that pre-
clude its ability to meet the targeted hiring re-
quirements set forth in paragraph (1). 
(3) DEFINITIONS.—For purposes of this sec-
tion— 
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(A) the term ‘‘labor market area’’ has the 
meaning given such term in section 101(18) of 
the Workforce Investment Act of 1998 (29 
U.S.C. 2801(18)); 
(B) the term ‘‘qualified apprenticeship pro-
gram’’ means an apprenticeship or other train-
ing program that qualifies as an ‘‘employee wel-
fare benefit plan’’ as defined in section 3(1) of 
the Employee Retirement Income Security Act 
of 1974 (29 U.S.C. 1002(1)); and 
(C) the term ‘‘targeted workers’’ means in-
dividuals who reside in the same labor market 
area as the applicable project and who— 
(i)(I) are members of families that re-
ceived a total income, that during the 2- 
year period prior to employment on the 
project or admission to the pre-apprentice-
ship program, did not exceed 200 percent 
of the Federal poverty guidelines (exclusive 
of unemployment compensation, child sup-
port payments, payments described in 29 
United States Code section 2801(25)(A), 
and old-age and survivors insurance bene-
fits received under section 202 of the So-
cial Security Act (42 U.S.C. 402); and 
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(II) reside in a census tract in which 
not less than 20 percent of the households 
have income below the Federal poverty 
guidelines; 
(ii) are members of a targeted group, 
within the meaning of section 51 of the In-
ternal Revenue Code of 1986; or 
(iii) qualify as ‘‘displaced home-
makers’’ as such term is defined in section 
3(10) of the Carl D. Perkins Career and 
Technical Education Act of 2006 (20 
U.S.C. 2302(10)). 
(c) FACILITATING COMPLIANCE AND PROJECT EFFI-
CIENCY.—In order to achieve the purposes of this section 
and to promote prompt completion of construction projects 
undertaken pursuant to this Act, the Secretary of Labor 
may require that contractors and subcontractors per-
forming construction work under a contract subject to this 
section enter into an agreement consistent with the stand-
ards set forth in section 4 of Executive Order 13502 and 
the requirements of subsection (b)(1) of this section. 
(d) IMPLEMENTATION.— 
(1) IN GENERAL.—No law or regulation gov-
erning the operations or activities of any agency re-
sponsible for implementing provisions of this section 
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shall be interpreted to prohibit Federal agencies, 
funding recipients, contractors, or subcontractors, 
from advancing the purposes of this section through 
additional project requirements or actions. The Sec-
retary of Labor shall be responsible for ensuring the 
implementation and enforcement of this section, in-
cluding investigating noncompliance, and shall, not 
later than 180 days after the date of enactment of 
this Act, adopt such rules, regulations, and guid-
ance, and issue such orders as the Secretary deter-
mines necessary and appropriate to achieve the pur-
poses of this section. 
(2) COMPLIANCE.—In the event of material 
noncompliance with this section by a recipient, con-
tractor, or subcontractor, the Secretary of Labor 
shall have the authority to assess and collect pen-
alties from such recipient, contractor, or subcon-
tractor of not more than 5 percent of the contract 
amount. The Secretary shall allow for reduction or 
avoidance of penalty assessments for non-compliance 
with the targeted hiring requirements of subsection 
(b)(1) only where the entity in question dem-
onstrates that— 
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(A) compliance was impossible because of a 
shortage of targeted workers in the local labor 
market; and 
(B) the employer utilized all specified 
measures to obtain targeted workers. 
The Secretary may specify measures required to be 
taken to obtain targeted workers. 
(e) DEDICATED RESOURCES FOR TRAINING AND RE-
CRUITMENT.—In order to facilitate the objectives of this 
section, not less than 1 percent of any funds authorized 
and appropriated or otherwise allocated for construction 
for fiscal year 2011 shall be set aside to— 
(1) provide pre-apprenticeship training and 
other support services through programs that have 
strong track records of placing targeted workers into 
sustained employment in the construction trades and 
that have written agreements with qualified appren-
ticeship programs; 
(2) provide support to community-based organi-
zations that have written agreements with programs 
described in subsection (b)(2) to participate in such 
programs by recruiting targeted workers; or 
(3) provide support to contractors either— 
(A) that are community-based nonprofit 
organizations that both— 
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(i) have a governing body in which a 
majority the members qualify as targeted 
workers; and 
(ii) have less than one million dollars 
in annual revenue from construction work 
of any type, or 
(B) in which such a community-based non-
profit organization has a 100 percent control-
ling interest for work relating to such Act to 
meet the cost of participating in apprenticeship 
programs. 
(f) SENSE OF CONGRESS REGARDING PARTICIPATION 
OF
SOCIALLY
AND
ECONOMICALLY
DISADVANTAGED 
BUSINESSES.—It is the sense of Congress that each agen-
cy responsible for implementing provisions relating to con-
struction contracting and subcontracting in fiscal year 
2011 should ensure that any regulation, policy, or funding 
disbursement made provides for the inclusive participation 
by socially and economically disadvantaged small business 
concerns, as defined under section 8(a) of the Small Busi-
ness Act (15 U.S.C. 637(a)), including through bidding 
credits, program eligibility standards, and other means. 
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TITLE II—2-YEAR EXTENSION OF 
NEW MARKETS TAX CREDIT 
NATIONAL LIMITATION 
SEC. 201. 2-YEAR EXTENSION OF NEW MARKETS TAX CRED-
IT NATIONAL LIMITATION. 
(a) IN GENERAL.—Subparagraph (F) of section 
45D(f)(1) of the Internal Revenue Code of 1986 is amend-
ed by striking ‘‘2009’’ and inserting ‘‘2009, 2010, and 
2011’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to investments made after Decem-
ber 31, 2009. 
TITLE III—EXTENSION OF EM-
POWERMENT ZONE DESIGNA-
TION 
SEC. 301. EXTENSION OF EMPOWERMENT ZONE DESIGNA-
TION. 
(a) 
IN
GENERAL.—Clause 
(i) 
of 
section 
1391(d)(1)(A) of the Internal Revenue Code of 1986 is 
amended by striking ‘‘December 31, 2009’’ and inserting 
‘‘December 31, 2011’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to areas with respect to which a 
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designation under section 1391 of such Code is in effect 
on December 31, 2009. 
Æ 
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