[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4208 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4208
To require the Minority Business Development Agency of the Department
of Commerce to promote and administer programs in the public and
private sectors to assist the development of minority business
enterprises, to ensure that such Agency has the necessary supporting
resources, particularly during economic downturns, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 2, 2020
Mr. Cardin (for himself, Ms. Cantwell, Mr. Booker, Ms. Harris, Mr.
Schumer, and Ms. Cortez Masto) introduced the following bill; which was
read twice and referred to the Committee on Commerce, Science, and
Transportation
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Minority Business
Resiliency Act of 2020''.
(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--COVID-19 RAPID RESPONSE
Sec. 101. Emergency appropriation.
TITLE II--EXISTING INITIATIVES
Subtitle A--Market Development, Research, and Information
Sec. 201. Private sector development.
Sec. 202. Public sector development.
Sec. 203. Research and information.
Subtitle B--Minority Business Development Center Program
Sec. 210. Purpose.
Sec. 211. Definitions.
Sec. 212. Establishment.
Sec. 213. Cooperative agreements.
Sec. 214. Minimizing disruptions to existing Business Centers program.
Sec. 215. Publicity.
Sec. 216. Authorization of appropriations.
TITLE III--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR MINORITY
BUSINESSES
Sec. 301. Annual diverse business forum on capital formation.
Sec. 302. Agency study on alternative financing solutions.
Sec. 303. Educational development relating to management and
entrepreneurship.
TITLE IV--ADMINISTRATIVE AND OTHER POWERS OF THE AGENCY; MISCELLANEOUS
PROVISIONS
Sec. 401. Administrative powers.
Sec. 402. Financial assistance.
Sec. 403. Audits.
Sec. 404. Review and report by Comptroller general.
Sec. 405. Annual reports; recommendations.
Sec. 406. Separability.
Sec. 407. Executive Order 11625.
Sec. 408. Amendment to the Federal Acquisition Streamlining Act of
1994.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) During times of economic downturn or recession,
communities of color, and businesses within those communities,
are generally more adversely affected, 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 minority 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 Commerce,
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 Census, the
average non-minority business enterprise reports
receipts that are more than 3 times higher than
receipts reported by the average minority business
enterprise; and
(C) according to the Kauffman Foundation--
(i) minority business enterprises are \1/2\
as likely to employ individuals, as compared
with non-minority business enterprises; and
(ii) if minorities started and owned
businesses at the same rate as non-minorities,
the United States economy would have more than
1,000,000 additional employer businesses and
more than 9,500,000 additional jobs.
(3) Because of the conditions described in paragraph (2),
it is in the interest of the United States and the economy of
the United States to expeditiously ameliorate the disparities
that minority business enterprises experience.
(4) Many individuals who own minority business enterprises
are socially disadvantaged because those individuals identify
as members of certain groups that have suffered the effects of
discriminatory practices or similar circumstances over which
those individuals have no control, including individuals 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 Islander.
(5) Discriminatory practices and similar circumstances
described in paragraph (4) are a significant determinant of
overall economic disadvantage in the United States, which is
evident in the persistent 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 administer programs
in the public and private sectors to assist the development of
minority business enterprises; and
(2) achieve the development described in paragraph (1) by
authorizing the Assistant Secretary to carry out programs that
will result in increased access to capital, management, and
technology for minority business enterprises.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency.--The term ``Agency'' means the Minority
Business Development Agency of the Department of Commerce.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Minority Business
Development who is appointed as described in section 4(b) to
administer this Act.
(3) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' in section 551 of title 5,
United States Code.
(4) Federally recognized area of economic distress.--The
term ``federally recognized area of economic distress'' means--
(A) a HUBZone, as that term is defined in section
31(b) of the Small Business Act (15 U.S.C. 657a(b));
(B) an area that--
(i) has been designated as--
(I) an empowerment zone under
section 1391 of the Internal Revenue
Code of 1986; or
(II) a Promise Zone by the
Secretary of Housing and Urban
Development; or
(ii) is a low or moderate income area, as
determined by the Bureau of the Census;
(C) a qualified opportunity zone, as that term is
defined in section 1400Z-1 of the Internal Revenue Code
of 1986; or
(D) any other political subdivision or
unincorporated area of a State determined by the
Assistant Secretary to be an area of economic distress.
(5) Indian tribe.--
(A) In general.--Subject to subparagraph (B), the
term ``Indian Tribe'' has the meaning given the term
``Indian tribe'' in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304).
(B) Native hawaiian organization.--The term
``Indian Tribe'' includes a Native Hawaiian
organization.
(6) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(7) Minority business enterprise.--The term ``minority
business enterprise'' means a for-profit business enterprise--
(A) that is not less than 51 percent-owned by 1 or
more socially disadvantaged individuals; and
(B) the management and daily business operations of
which are controlled by 1 or more socially
disadvantaged individuals.
(8) Private sector entity.--The term ``private sector
entity''--
(A) means an entity that is not a public sector
entity; and
(B) does not include--
(i) the Federal Government;
(ii) any Federal agency; or
(iii) any instrumentality of the Federal
Government.
(9) Public sector entity.--The term ``public sector
entity'' means--
(A) a State;
(B) an agency of a State;
(C) a political subdivision of a State; or
(D) an agency of a political subdivision of a
State.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(11) Socially disadvantaged individual.--
(A) In general.--The term ``socially disadvantaged
individual'' means an individual who has been subjected
to racial or ethnic prejudice or cultural bias because
of the identity of the individual as a member of a
group, without regard to any individual quality of the
individual that is unrelated to that identity.
(B) Presumption.--In carrying out this Act, the
Assistant Secretary shall presume that the term
``socially disadvantaged individual'' includes any
individual who is--
(i) Black or African American;
(ii) Hispanic or Latino;
(iii) American Indian or Alaska Native;
(iv) Asian;
(v) Native Hawaiian or other Pacific
Islander; or
(vi) a member of a group that the Minority
Business Development Agency determines under
part 1400 of title 15, Code of Federal
Regulations, as in effect on November 23, 1984,
is a socially disadvantaged group eligible to
receive assistance.
(12) 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 Commerce 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.--The Assistant Secretary shall be
compensated at an annual rate of basic pay prescribed for level
IV of the Executive Schedule under section 5315 of title 5,
United States Code.
(c) Report to Congress.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall submit to Congress a report
that describes--
(1) the organizational structure of the Agency;
(2) the organizational position of the Agency within the
Department of Commerce; and
(3) a description of how the Agency shall function in
relation to the operations carried out by each other component
of the Department of Commerce.
(d) Office of Business Centers.--
(1) Establishment.--There is established within the Agency
an Office of Business Centers.
(2) Director.--The Office of Business Centers shall be
administered by a Director, who shall be appointed by the
Assistant Secretary.
(e) Offices of the Agency.--
(1) In general.--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 may 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 established under
subparagraph (A) shall expand the reach of the Agency
and enable the Federal Government to better serve the
needs of minority business enterprises in the region
served by the office, including by--
(i) understanding and participating in the
business environment of that region;
(ii) working with--
(I) Centers, as that term is
defined in section 211, that are
located in that region; and
(II) resource and lending partners
of the Small Business Administration
that are located in that region;
(iii) being aware of business retention or
expansion programs specific to that region;
(iv) seeking out opportunities to
collaborate with regional public and private
programs that focus on minority business
enterprises; and
(v) promoting business continuity and
preparedness.
TITLE I--COVID-19 RAPID RESPONSE
SEC. 101. EMERGENCY APPROPRIATION.
(a) In General.--There is appropriated to the Agency for fiscal
year 2020, out of any money in the Treasury not otherwise appropriated,
$60,000,000 to provide assistance to minority business enterprises
affected by the economic downturn caused by the COVID-19 pandemic,
which shall remain available until expended.
(b) Emergency Requirement.--The amount provided by this section is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
TITLE II--EXISTING INITIATIVES
Subtitle A--Market Development, Research, and Information
SEC. 201. PRIVATE SECTOR DEVELOPMENT.
The Assistant Secretary shall, whenever the Assistant Secretary
determines such action is necessary or appropriate--
(1) assist minority business enterprises to penetrate
domestic and foreign markets by making available to those
business enterprises, either directly or in cooperation with
private sector entities, including community-based
organizations and national nonprofit organizations--
(A) resources relating to management;
(B) technological assistance;
(C) financial and marketing services; and
(D) services relating to workforce development;
(2) encourage minority business enterprises to establish
joint ventures and projects--
(A) with other minority business enterprises; or
(B) in cooperation with public sector entities or
private sector entities, including community-based
organizations and national nonprofit organizations, to
increase the share of any market activity being
performed by minority business enterprises; and
(3) facilitate the efforts of private sector entities and
Federal agencies to advance the growth of minority business
enterprises.
SEC. 202. PUBLIC SECTOR DEVELOPMENT.
The Assistant Secretary shall, whenever the Assistant Secretary
determines such action is necessary or appropriate--
(1) consult and cooperate with public sector entities for
the purpose of leveraging resources available in the
jurisdictions of those public sector entities to promote the
position of minority business enterprises in the local
economies of those public sector entities, including by
assisting public sector entities to establish or enhance--
(A) programs to procure goods and services through
minority business enterprises and goals for that
procurement;
(B) programs offering assistance relating to--
(i) management;
(ii) technology;
(iii) financing;
(iv) marketing; and
(v) workforce development; and
(C) informational programs designed to inform
minority business enterprises located in the
jurisdictions of those public sector entities about the
availability of programs described in this section;
(2) meet with leaders and officials of public sector
entities for the purpose of recommending and promoting local
administrative and legislative initiatives needed to advance
the position of minority business enterprises in the local
economies of those public sector entities; and
(3) facilitate the efforts of public sector entities and
Federal agencies to advance the growth of minority business
enterprises.
SEC. 203. RESEARCH AND INFORMATION.
(a) In General.--In order to achieve the purposes of this Act, the
Assistant Secretary--
(1) shall--
(A) collect and analyze data, including data
relating to the causes of the success or failure of
minority business enterprises;
(B) perform evaluations of programs carried out by
Federal agencies with an emphasis on increasing
coordination between Federal agencies with respect to
the development of minority business enterprises; and
(C) conduct research, studies, and surveys of--
(i) economic conditions generally in the
United States; and
(ii) how the conditions described in clause
(i) particularly affect the development of
minority business enterprises; and
(2) may, at the request of a public sector entity or a
private sector entity, perform an evaluation of programs
carried out by the entity that are designed to assist the
development of minority business enterprises.
(b) Information Clearinghouse.--The Assistant Secretary shall--
(1) establish and maintain an information clearinghouse for
the collection and dissemination of demographic, economic,
financial, managerial, and technical data relating to minority
business enterprises; and
(2) take such steps as the Assistant Secretary may
determine to be necessary and desirable to search for, collect,
classify, coordinate, integrate, record, and catalog the data
described in paragraph (1).
Subtitle B--Minority Business Development Center Program
SEC. 210. PURPOSE.
The purpose of the MBDC Program shall be to create a national
network of public-private partnerships that--
(1) assist minority business enterprises to--
(A) access capital and contracts; and
(B) create and maintain jobs;
(2) provide counseling and mentoring to minority business
enterprises; and
(3) facilitate the growth of minority business enterprises
by promoting trade.
SEC. 211. DEFINITIONS.
In this title:
(1) Center.--The term ``Center'' means an eligible entity
that enters into an MBDC agreement with the Assistant
Secretary.
(2) Eligible entity.--Except as otherwise expressly
provided, the term ``eligible entity''--
(A) means--
(i) a private sector entity; or
(ii) a public sector entity; and
(B) includes an institution of higher education.
(3) MBDC agreement.--The term ``MBDC agreement'' means a
collaborative agreement entered into between the Assistant
Secretary and a Center under the MBDC Program.
(4) MBDC program.--The term ``MBDC Program'' means the
program established under section 212.
SEC. 212. ESTABLISHMENT.
(a) In General.--Subject to subsection (b), there is established in
the Agency a program--
(1) that shall be known as the Minority Business
Development Centers Program;
(2) that shall be separate and distinct from the efforts of
the Assistant Secretary under section 201; and
(3) under which the Assistant Secretary shall enter into
cooperative agreements with eligible entities under which, in
accordance with section 213--
(A) the eligible entities shall provide technical
assistance and business development services to
minority business enterprises; and
(B) the Assistant Secretary shall provide financial
assistance to the eligible entities to carry out the
activities described in subparagraph (A).
(b) Coverage.--The Assistant Secretary shall take all necessary
actions to ensure that the MBDC Program, in accordance with section
213, offers the services described in subsection (a)(3)(A) in all
regions of the United States.
(c) Scope of Authority.--The authority of the Assistant Secretary
to enter into MBDC agreements shall be effective each fiscal year only
to the extent that amounts are made available to the Assistant
Secretary under applicable appropriations Acts.
SEC. 213. COOPERATIVE AGREEMENTS.
(a) Requirements.--A Center shall, using financial assistance
awarded to the Center under an MBDC agreement--
(1) provide to minority business enterprises programs and
services determined to be appropriate by the Assistant
Secretary, which--
(A) shall include referral services to meet the
needs of minority business enterprises; and
(B) may include programs and services to accomplish
the goals described in section 201(1);
(2) develop, cultivate, and maintain a network of strategic
partnerships with organizations that foster access by minority
business enterprises to economic markets or contracts;
(3) continue to upgrade and modify the services provided by
the Center, as necessary, in order to meet the changing and
evolving needs of the business community;
(4) collaborate with other Centers; and
(5) in providing programs and services under the MBDC
agreement--
(A) operate on a fee-for-service basis; and
(B) generate income through the collection of--
(i) client fees;
(ii) membership fees;
(iii) success fees; and
(iv) any other appropriate fees proposed by
the Center in the application submitted by the
Center for the MBDC agreement.
(b) Term.--Subject to subsection (g), the term of an MBDC agreement
shall be 3 years.
(c) Financial Assistance.--
(1) Minimum amount.--Subject to paragraph (2), the amount
of financial assistance provided by the Assistant Secretary
under an MBDC agreement shall be not less than $250,000 for the
term of the MBDC agreement.
(2) Additional amounts.--In determining whether to award
financial assistance under an MBDC agreement to a Center in an
amount greater than $250,000, the Assistant Secretary shall
take into consideration the cost of living and the size of the
population in the area in which the Center is located.
(3) Matching requirement.--
(A) In general.--A Center shall match not less than
\1/3\ of the amount of the financial assistance awarded
to the Center under an MBDC agreement.
(B) Form of funds.--A Center may meet the matching
requirement under subparagraph (A) using cash or in-
kind contributions, without regard to whether the
contribution is made by a third party.
(4) Use of financial assistance and program income.--A
Center shall use--
(A) all financial assistance awarded to the Center
under an MBDC agreement to carry out the requirements
under subsection (a); and
(B) all income that the Center generates in
carrying out the requirements under subsection (a)--
(i) to meet the matching requirement under
paragraph (3) of this subsection; and
(ii) if the Center meets the matching
requirement under paragraph (3) of this
subsection, to carry out the requirements under
subsection (a).
(d) Criteria for Selection.--The Assistant Secretary shall--
(1) establish--
(A) criteria that--
(i) the Assistant Secretary shall use in
determining whether to enter into an MBDC
agreement with an eligible entity; and
(ii) may include criteria relating to
whether an eligible entity is located in--
(I) an area, the population of
which is composed of not less than 51
percent socially disadvantaged
individuals;
(II) a federally recognized area of
economic distress; or
(III) a State that is underserved
with respect to the MBDC program, as
defined by the Assistant Secretary; and
(B) standards relating to the consideration given
to the criteria established under subparagraph (A); and
(2) make the criteria and standards established under
paragraph (1) publicly available, including--
(A) on the website of the Agency; and
(B) in each solicitation for applications for MBDC
agreements.
(e) Applications.--An eligible entity desiring to enter into an
MBDC agreement shall submit to the Assistant Secretary an application
that includes--
(1) a statement of--
(A) how the eligible entity will meet the
requirements under subsection (a); and
(B) any experience of the eligible entity in--
(i) assisting minority business enterprises
to--
(I) obtain--
(aa) large-scale contracts
or procurements; or
(bb) financing;
(II) access established supply
chains; and
(III) engage in--
(aa) joint ventures,
teaming arrangements, and
mergers and acquisitions; or
(bb) large-scale
transactions in global markets;
and
(ii) advocating for minority business
enterprises; and
(2) the budget and corresponding budget narrative that the
eligible entity will use in carrying out the requirements under
subsection (a) during the term of the MBDC agreement.
(f) Notification.--If the Assistant Secretary grants an application
of an eligible entity submitted under subsection (e), the Assistant
Secretary shall notify the eligible entity that the application has
been granted not later than 150 days after the last day on which an
application may be submitted under that subsection.
(g) Program Examination; Accreditation; Extensions.--
(1) Examination.--Not later than 180 days after the date of
enactment of this Act, and biennially thereafter, the Assistant
Secretary shall conduct a programmatic financial examination of
each Center.
(2) Accreditation.--The Assistant Secretary may provide
financial support, by contract or otherwise, to an association,
not less than 51 percent of the members of which are Centers,
to--
(A) pursue matters of common concern with respect
to Centers; and
(B) develop an accreditation program with respect
to Centers.
(3) Extensions.--
(A) In general.--The Assistant Secretary may extend
the term under subsection (b) of an MBDC agreement to
which a Center is a party to a term of 5 years, if the
Center consents to the extension.
(B) Financial assistance.--If the Assistant
Secretary extends the term of an MBDC agreement under
paragraph (1), the Assistant Secretary shall, in the
same manner and amount in which financial assistance
was provided during the initial term of the MBDC
agreement, provide financial assistance under the MBDC
agreement during the extended term of the MBDC
agreement.
(h) Priority.--In entering into MBDC agreements under the MBDC
Program and extending MBDC agreements under subsection (g)(3), the
Assistant Secretary shall give priority to extending MBDC agreements
under subsection (g)(3).
(i) Suspension, Termination, and Refusal To Extend.--
(1) In general.--
(A) In general.--The Assistant Secretary may
suspend, terminate, or refuse to extend the term of an
MBDC agreement on the basis of the poor performance by
a Center in meeting the performance goals established
by the Secretary under subparagraph (B).
(B) Performance goals.--The Assistant Secretary
shall establish performance goals by which to evaluate
the performance of a Center in meeting the requirements
under subsection (a).
(2) Notice.--Before suspending, terminating, or refusing to
extend the term of an MBDC agreement under paragraph (1), the
Assistant Secretary shall provide to the relevant Center--
(A) a written notice of the reasons for the
suspension, termination, or refusal; and
(B) an opportunity for a hearing, appeal, or other
administrative proceeding to contest the suspension,
termination, or refusal.
(j) MBDA Involvement.--The Assistant Secretary shall ensure that
the Agency is substantially involved in the activities of Centers in
carrying out the requirements under subsection (a), including by--
(1) providing to each Center training relating to the MBDC
Program;
(2) requiring that the operator and staff of each Center--
(A) attend--
(i) a conference with the Agency to
establish the services and programs that the
Center will provide in carrying out the
requirements before the date on which the
Center begins providing those services and
programs; and
(ii) training provided under paragraph (1);
(B) receive necessary advising relating to carrying
out the requirements under subsection (a); and
(C) work in coordination and collaboration with the
Assistant Secretary to carry out the MBDC Program and
other programs of the Agency;
(3) facilitating connections between Centers and--
(A) Federal agencies other than the Agency,
including the Small Business Administration and the
Economic Development Administration of the Department
of Commerce; and
(B) other institutions or entities that use Federal
resources, including--
(i) small business development centers, as
that term is defined in section 3(t) of the
Small Business Act (15 U.S.C. 632(t));
(ii) women's business centers described in
section 29 of the Small Business Act (15 U.S.C.
656);
(iii) eligible entities, as that term is
defined in section 2411 of title 10, United
States Code, that provide services under the
program carried out under chapter 142 of that
title; and
(iv) entities participating in the Hollings
Manufacturing Extension Partnership Program
established under section 25 of the National
Institute of Standards and Technology Act (15
U.S.C. 278k);
(4) monitoring projects carried out by each Center; and
(5) establishing and enforcing administrative and reporting
requirements for each Center to carry out the requirements
under subsection (a).
(k) Regulations.--The Assistant Secretary shall issue and publish
regulations that establish minimum standards regarding verification of
minority business enterprise status for clients of entities operating
under the MBDC Program.
SEC. 214. MINIMIZING DISRUPTIONS TO EXISTING BUSINESS CENTERS PROGRAM.
The Assistant Secretary shall ensure that each cooperative
agreement entered into under the Business Centers program of the Agency
that is in effect on the day before the date of enactment of this Act
is carried out in a manner that, to the greatest extent practicable,
prevents disruption of any activity carried out under the cooperative
agreement.
SEC. 215. PUBLICITY.
In carrying out the MBDC Program, the Assistant Secretary shall
widely publicize the MBDC Program, including--
(1) on the website of the Agency; and
(2) via social media outlets.
SEC. 216. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Assistant Secretary
$30,000,000 for each of fiscal years 2021 through 2024 to carry out the
MBDC Program, including the component of the program relating to
Specialty Centers.
TITLE III--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR MINORITY
BUSINESSES
SEC. 301. ANNUAL DIVERSE BUSINESS FORUM ON CAPITAL FORMATION.
(a) Responsibility of Agency.--Not later than 18 months after the
date of enactment of this Act, and annually thereafter, the Agency
shall conduct a Government-business forum to review the current status
of problems and programs relating to capital formation by minority
business enterprises.
(b) Participation in Forum Planning.--The Assistant Secretary shall
invite the heads of other Federal agencies, such as the Chairman of the
Securities and Exchange Commission, the Secretary of the Treasury, and
the Chairman of the Board of Governors of the Federal Reserve System,
organizations representing State securities commissioners,
representatives of leading minority chambers of commerce, business
organizations, and professional organizations concerned with capital
formation to participate in the planning of each forum conducted under
subsection (a).
(c) Preparation of Statements and Reports.--
(1) Requests.--The Assistant Secretary may request that any
head of a Federal department, agency, or organization,
including those described in subsection (b), or any other group
or individual, prepare a statement or report to be delivered at
any forum conducted under subsection (a).
(2) Cooperation.--Any head of a Federal department, agency,
or organization who receives a request under paragraph (1)
shall, to the greatest extent practicable, cooperate with the
Assistant Secretary to fulfill that request.
(d) Transmittal of Proceedings and Findings.--The Assistant
Secretary shall--
(1) prepare a summary of the proceedings of each forum
conducted under subsection (a), which shall include the
findings and recommendations of the forum; and
(2) transmit the summary described in paragraph (1) with
respect to each forum conducted under subsection (a) to--
(A) the participants in the forum;
(B) Congress; and
(C) the public, through a publicly available
website.
(e) Review of Findings and Recommendations; Public Statements.--
(1) In general.--A Federal agency to which a finding or
recommendation described in subsection (d)(1) relates shall--
(A) review that finding or recommendation; and
(B) promptly after the finding or recommendation is
transmitted under paragraph (2)(C) of subsection (d),
issue a public statement--
(i) assessing the finding or
recommendation; and
(ii) disclosing the action, if any, the
Federal agency intends to take with respect to
the finding or recommendation.
(2) Joint statement permitted.--If a finding or
recommendation described in subsection (d)(1) relates to more
than 1 Federal agency, the applicable Federal agencies may, for
the purposes of the public statement required under paragraph
(1)(B), issue a joint statement.
SEC. 302. AGENCY STUDY ON ALTERNATIVE FINANCING SOLUTIONS.
(a) Purpose.--The purpose of this section is to provide information
relating to alternative financing solutions to minority business
enterprises, as those business enterprises are more likely to struggle
in accessing, particularly at affordable rates, traditional sources of
capital.
(b) Study and Report.--Not later than 1 year after the date of
enactment of this Act, the Assistant Secretary shall--
(1) conduct a study on opportunities for providing
alternative financing solutions to minority business
enterprises; and
(2) submit to Congress, and publish on the website of the
Agency, a report describing the findings of the study carried
out under paragraph (1).
SEC. 303. EDUCATIONAL DEVELOPMENT RELATING TO MANAGEMENT AND
ENTREPRENEURSHIP.
(a) Duties.--The Assistant Secretary shall, whenever the Assistant
Secretary determines such action is necessary or appropriate--
(1) promote and provide assistance for the education and
training of socially disadvantaged individuals in subjects
directly relating to business administration and management;
(2) join with, and encourage, institutions of higher
education, leaders in business and industry, and other public
sector and private sector entities, particularly minority
business enterprises, to--
(A) develop programs to offer scholarships and
fellowships, apprenticeships, and internships relating
to business to socially disadvantaged individuals; and
(B) sponsor seminars, conferences, and similar
activities relating to business for the benefit of
socially disadvantaged individuals;
(3) stimulate and accelerate curriculum design and
improvement in support of development of minority business
enterprises; and
(4) encourage and assist private institutions and
organizations and public sector entities to undertake
activities similar to the activities described in paragraphs
(1), (2), and (3).
(b) Parren J. Mitchell Entrepreneurship Education Grants.--
(1) Definition.--In this subsection, the term ``eligible
institution'' means an institution of higher education
described in any of paragraphs (1) through (7) of section
371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(2) Grants.--The Assistant Secretary shall award grants to
eligible institutions to develop and implement entrepreneurship
curricula.
(3) Requirements.--An eligible institution that receives a
grant awarded under this subsection shall use the grant funds
to--
(A) develop a curriculum that includes training in
various skill sets needed by contemporary successful
entrepreneurs, including--
(i) business management and marketing;
(ii) financial management and accounting;
(iii) market analysis;
(iv) competitive analysis;
(v) innovation;
(vi) strategic planning; and
(vii) any other skill set that the eligible
institution determines is necessary for the
students served by the eligible institution and
the community in which the eligible institution
is located; and
(B) implement the curriculum developed under
subparagraph (A) at the eligible institution.
(4) Implementation timeline.--The Assistant Secretary shall
establish and publish a timeline under which an eligible
institution that receives a grant under this section shall
carry out the requirements under paragraph (3).
(5) Reports.--Each year, the Assistant Secretary shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives, as part of the annual
budget submission of the President under section 1105(a) of
title 31, United States Code, a report evaluating the awarding
and use of grants under this subsection during the fiscal year
immediately preceding the date on which the report is
submitted, which shall include, with respect to that fiscal
year--
(A) a description of each curriculum developed and
implemented under each grant awarded under this
section;
(B) the date on which each grant awarded under this
section was awarded; and
(C) the number of eligible entities that were
recipients of grants awarded under this section.
TITLE IV--ADMINISTRATIVE AND OTHER POWERS OF THE AGENCY; MISCELLANEOUS
PROVISIONS
SEC. 401. ADMINISTRATIVE POWERS.
(a) In General.--In carrying out this Act, the Assistant Secretary
may--
(1) adopt and use a seal for the Agency, which shall be
judicially noticed;
(2) hold hearings, sit and act, and take testimony as the
Assistant Secretary may determine to be necessary or
appropriate to carry out this Act;
(3) acquire, in any lawful manner, any property that the
Assistant Secretary may determine to be necessary or
appropriate to carry out this Act;
(4) make advance payments under grants, contracts, and
cooperative agreements awarded under this Act;
(5) enter into agreements with other Federal agencies;
(6) coordinate with the heads of the Offices of Small and
Disadvantaged Business Utilization of Federal agencies;
(7) require a coordinated review of all training and
technical assistance activities that are proposed to be carried
out by Federal agencies in direct support of the development of
minority business enterprises to--
(A) ensure consistency with the purposes of this
Act; and
(B) avoid duplication of existing efforts; and
(8) prescribe such rules, regulations, and procedures as
the Agency may determine to be necessary or appropriate to
carry out this Act.
(b) Employment of Certain Experts and Consultants.--
(1) In general.--In carrying out this Act, the Assistant
Secretary may employ experts and consultants or organizations
that are composed of experts or consultants, as authorized
under section 3109 of title 5, United States Code.
(2) Renewal of contracts.--The Assistant Secretary may
annually renew a contract for employment of an individual
employed under paragraph (1).
(c) Donation of Property.--
(1) In general.--Subject to paragraph (2), in carrying out
this Act, the Assistant Secretary may, without cost (except for
costs of care and handling), donate for use by any public
sector entity, or by any recipient nonprofit organization, for
the purpose of the development of minority business
enterprises, any real or tangible personal property acquired by
the Agency in carrying out this Act.
(2) Terms, conditions, reservations, and restrictions.--The
Assistant Secretary may impose reasonable terms, conditions,
reservations, and restrictions upon the use of any property
donated under paragraph (1).
SEC. 402. FINANCIAL ASSISTANCE.
(a) In General.--
(1) Provision of financial assistance.--To carry out
sections 201, 202, and 203(a), the Assistant Secretary may
provide financial assistance to public sector entities and
private sector entities in the form of contracts, grants, or
cooperative agreements.
(2) Notice.--Not later than 120 days before the first day
of each fiscal year, the Assistant Secretary shall, in
accordance with subsection (b), broadly publish a statement
regarding financial assistance that will, or may, be made
available under paragraph (1) in the first fiscal year that
begins after the date on which the statement is published,
including--
(A) the actual, or anticipated, amount of financial
assistance that will, or may, be made available;
(B) the types of financial assistance that will, or
may, be made available;
(C) the manner in which financial assistance will
be allocated among public sector entities and private
sector entities, as applicable; and
(D) the methodology used by the Assistant Secretary
to make allocations under subparagraph (C).
(3) Consultation.--The Assistant Secretary shall consult
with public sector entities and private sector entities, as
applicable, in deciding the amounts and types of financial
assistance to make available under paragraph (1).
(b) Publicity.--In carrying out this section, the Assistant
Secretary shall broadly publicize all opportunities for financial
assistance available under this section, including--
(1) on the website of the Agency; and
(2) via social media outlets.
SEC. 403. AUDITS.
(a) Recordkeeping Requirement.--Each recipient of assistance under
this Act shall keep such records as the Assistant Secretary shall
prescribe, including records that fully disclose, with respect to the
assistance received by the recipient under this Act--
(1) the amount and nature of that assistance;
(2) the disposition by the recipient of the proceeds of
that assistance;
(3) the total cost of the undertaking for which the
assistance is given or used;
(4) the amount and nature of the portion of the cost of the
undertaking described in paragraph (3) that is supplied by a
source other than the Agency; and
(5) any other records that will facilitate an effective
audit of the assistance.
(b) Access by Government Officials.--The Assistant Secretary, the
Inspector General of the Department of Commerce, and the Comptroller
General of the United States, or any duly authorized representative of
any such individual, shall have access, for the purpose of audit,
investigation, and examination, to any book, document, paper, record,
or other material of a recipient of assistance under this Act that
pertains to the assistance received by the recipient under this Act.
SEC. 404. REVIEW AND REPORT BY COMPTROLLER GENERAL.
Not later than 4 years after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) conduct a thorough review of the programs carried out
under this Act; and
(2) submit to Congress a detailed report of the findings of
the Comptroller General of the United States under the review
carried out under paragraph (1), which shall include--
(A) an evaluation of the effectiveness of the
programs in achieving the purposes of this Act;
(B) a description of any failure by any recipient
of assistance under this Act to comply with the
requirements under this Act; and
(C) recommendations for any legislative or
administrative action that should be taken to improve
the achievement of the purposes of this Act.
SEC. 405. ANNUAL REPORTS; RECOMMENDATIONS.
(a) Annual Report.--Not later than 90 days after the last day of
each fiscal year, the Assistant Secretary shall submit to Congress, and
publish on the website of the Agency, a report of each activity of the
Agency carried out under this Act during the fiscal year preceding the
date on which the report is submitted.
(b) Recommendations.--The Assistant Secretary shall periodically
submit to Congress and the President recommendations for legislation or
other actions that the Assistant Secretary determines to be necessary
or appropriate to promote the purposes of this Act.
SEC. 406. SEPARABILITY.
If a provision of this Act, or the application of a provision of
this Act to any person or circumstance, is held by a court of competent
jurisdiction to be invalid, that judgment--
(1) shall not affect, impair, or invalidate--
(A) any other provision of this Act; or
(B) the application of this Act to any other person
or circumstance; and
(2) shall be confined in its operation to--
(A) the provision of this Act with respect to which
the judgment is rendered; or
(B) the application of the provision of this Act to
each person or circumstance directly involved in the
controversy in which the judgment is rendered.
SEC. 407. EXECUTIVE ORDER 11625.
The powers and duties of the Agency shall be determined--
(1) in accordance with this Act and the requirements of
this Act; and
(2) without regard to Executive Order 11625 (36 Fed. Reg.
19967; relating to prescribing additional arrangements for
developing and coordinating a national program for minority
business enterprise).
SEC. 408. AMENDMENT TO THE FEDERAL ACQUISITION STREAMLINING ACT OF
1994.
Section 7104(c) of the Federal Acquisition Streamlining Act of 1994
(15 U.S.C. 644a(c)) is amended by striking paragraph (2) and inserting
the following:
``(2) The Assistant Secretary of Commerce for Minority
Business Development.''.
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