,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #fhfi  ,,in ,,the ,,house ,,of  
,,representatives  ,may #ad1 #bjbj,mr4  
,green of ,texas introduced the         
following bill2 which was referred to   
the ,committee on ,financial ,services1 
and in addition to the ,committees on   
the ,budget1 and ,small ,business1 for a
 period to be subsequently determined by
 the ,speaker1 in each case for         
consideration of such provisions as fall
 within the jurisdiction of the         
committee concerned  ,a ,,bill  ,to     
establish the ,minority ,business       
,development ,agency of the ,department 
of ,commerce and to support the economic
 resilience of minority business        
enterprises during and after the        
,,covid-#ai outbreak4  #a4 ,short title 
,this ,act may be cited as the ,minority
 ,business ,resiliency ,act of #bjbj4   
#b4 ,definitions ,in this ,act3 7#a7    
,agency ,the term ,agency means the     
,minority ,business ,development ,agency
 of the ,department of ,commerce4  7#b7 

,assistant ,secretary ,the term         
,assistant ,secretary means the         
,assistant ,secretary of ,commerce for  
,minority ,business ,development4  7#c7 
,covered entity ,the term covered entity
 means a private nonprofit organization 
that-- 7,a7 is described in section     
#eja7;c77#c7 of the ,internal ,revenue  
,code of #aihf and exempt from tax under
 section #eja7;a7 of such ,code2  7,b7  
can demonstrate to the ,agency that--   
7i7 the primary mission of the          
organization is to provide services to  
minority business enterprises1 whether  
through education1 making grants1 or    
other similar activities2 and  7ii7 the 
organization is unable to pay financial 
obligations incurred by the             
organization1 including payroll         
obligations2 and  7,c7 due to the       
effects of ,,covid-#ai1 is unable to    
engage in the same level of fundraising 
in the year in which this ,act is       
enacted1 as compared with the year      
preceding the year in which this ,act is

 enacted1 including through events or   
the collection of fees4  7#d7 ,minority 
business development center ,the term   
minority business development center    
means a ,business ,center of the        
,agency1 including its ,specialty       
,center ,program4  7#e7 ,minority       
business enterprise ,the term minority  
business enterprise means a for-profit  
business enterprise-- 7,a7 that is not  
less than #ea percent-owned by #a or    
more socially disadvantaged individuals2
 and  7,b7 the management and daily     
business operations of which are        
controlled by #a or more socially       
disadvantaged individuals4  7#f7        
,socially disadvantaged individual  7,a7
 ,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 group1      
without regard to any individual quality
 of the individual that is unrelated to 

that identity4  7,b7 ,presumption ,in   
carrying out this ,act1 the ,agency     
shall presume that the term socially    
disadvantaged individual includes any   
individual who is-- 7i7 ,black or       
,african ,american2  7ii7 ,hispanic or  
,latino2  7iii7 ,american ,indian or    
,alaska ,native2  7iv7 ,asian2  7v7     
,native ,hawaiian or other ,pacific     
,islander2 or  7vi7 a member of a group 
that the ,agency determines under part  
#adjj of title #ae1 ,code of ,federal   
,regulations1 as in effect on ,november 
#bc1 #aihd1 is a socially disadvantaged 
group eligible to receive assistance4   
#c4 ,minority ,business ,development    
,agency  7a7 ,establishment ,the        
,minority ,business ,development ,agency
 in the ,department of ,commerce is     
hereby established4  7b7 ,assistant     
,secretary  7#a7 ,appointment and duties
 ,the ,agency shall be headed by an     
,assistant ,secretary of ,commerce for  
,minority ,business ,development1 who   
shall be-- 7,a7 appointed by the        

,president1 by and with the advice and  
consent of the ,senate2 and  7,b7 except
 as otherwise expressly provided1       
responsible for the administration of   
this ,act4  7#b7 ,compensation ,the     
,assistant ,secretary shall be          
compensated at an annual rate of basic  
pay prescribed for level ,,iv of the    
,executive ,schedule under section #ecae
 of title #e1 ,united ,states ,code4    
7c7 ,report to ,congress ,not later than
 #abj days after the date of enactment  
of this ,act1 the ,secretary shall      
submit to ,congress a report that       
describes-- 7#a7 the organizational     
structure of the ,agency2  7#b7 the     
organizational position of the ,agency  
in the ,department of ,commerce2 and    
7#c7 a description of how the ,agency   
shall function in relation to the       
operations carried out by each other    
component of the ,department of         
,commerce4  7d7 ,administrative powers  
and other powers of the ,agency2        
miscellaneous provisions  7#a7 ,in      

general ,in carrying out the duties and 
the responsibilities of the ,agency1 the
 ,assistant ,secretary may-- 7,a7 adopt 
and use a seal for the ,agency1 which   
shall be judicially noticed2  7,b7 hold 
hearings1 sit and act1 and take         
testimony as the ,assistant ,secretary  
may determine to be necessary or        
appropriate2  7,c7 acquire1 in any      
lawful manner1 any property that the    
,assistant ,secretary may determine to  
be necessary or appropriate2  7,d7 make 
advance payments under grants1          
contracts1 and cooperative agreements   
awarded by the ,agency2  7,e7 enter into
 agreements with other ,federal         
agencies2  7,f7 coordinate with the     
heads of the ,offices of ,small and     
,disadvantaged ,business ,utilization of
 ,federal agencies2  7,g7 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-- 7i7 assure consistency 
with the purposes of this ,act2 and     
7ii7 avoid duplication of existing      
efforts2 and  7,h7 prescribe such rules1
 regulations1 and procedures as the     
,agency may determine to be necessary or
 appropriate4  7#b7 ,employment of      
certain experts and consultants  7,a7   
,in general ,the ,assistant ,secretary  
may employ experts and consultants or   
organizations that are composed of      
experts or consultants1 as authorized   
under section #caji of title #e1 ,united
 ,states ,code4  7,b7 ,renewal of       
contracts ,the ,assistant ,secretary may
 annually renew a contract for          
employment of an individual employed    
under subparagraph 7,a74  7#c7 ,donation
 of property  7,a7 ,in general ,subject 
to subparagraph 7,b71 the ,assistant    
,secretary may1 without cost 7except for
 costs of care and handling71 donate for
 use by any public sector entity1 or by 
any recipient nonprofit organization1   
for the purpose of the development of   

minority business enterprises1 any real 
or tangible personal property acquired  
by the ,agency4  7,b7 ,terms1           
conditions1 reservations1 and           
restrictions ,the ,assistant ,secretary 
may impose reasonable terms1 conditions1
 reservations1 and restrictions upon the
 use of any property donated under      
subparagraph 7,a74  #d4 ,emergency      
grants to nonprofits that support       
minority business enterprises  7a7      
,purpose ,the purpose of this section is
 to make grants to covered entities in  
order to help those covered entities    
continue the necessary work of          
supporting minority business            
enterprises4  7b7 ,establishment ,not   
later than #ae days after the date of   
enactment of this ,act1 the ,agency     
shall establish a grant program for     
covered entities in accordance with the 
requirements of this section1 under     
which the ,agency shall make grants to  
covered entities as expeditiously as    
possible4  7c7 ,application  7#a7 ,in   

general ,a covered entity desiring a    
grant under this section shall submit to
 the ,agency an application at such     
time1 in such manner1 and containing    
such information as the ,agency may     
require4  7#b7 ,priority ,the ,agency   
shall-- 7,a7 establish selection        
criteria to ensure that1 if the amounts 
made available to carry out this section
 are not sufficient to make a grant     
under this section to every covered     
entity that submits an application under
 paragraph 7#a71 the covered entities   
that are the most severely affected by  
the effects of ,,covid-#ai receive      
priority with respect to those grants2  
and  7,b7 give priority with respect to 
the grants made under this section to a 
covered entity that proposes to use the 
grant funds for-- 7i7 providing paid    
sick leave to employees of the covered  
entity who are unable to work due to the
 direct effects of ,,covid-#ai2  7ii7   
continuing to make payroll payments in  
order to retain employees of the covered

 entity during an economic disruption   
with respect to ,,covid-#ai2  7iii7     
making rent or mortgage payments with   
respect to obligations of the covered   
entity2 or  7iv7 repaying non-,federal  
obligations that the covered entity     
cannot satisfy because of revenue losses
 that are attributable to the effects of
 ,,covid-#ai4  7d7 ,amount of grant     
7#a7 ,in general ,a grant made under    
this section shall be in an amount that 
is not more than #cjj1jjj4  7#b7 ,single
 award ,no covered entity may receive1  
or directly benefit from1 more than #a  
grant made under this section4  7e7 ,use
 of funds ,a covered entity that        
receives a grant under this section may 
use the grant funds to address the      
effects of ,,covid-#ai on the covered   
entity1 including by making payroll     
payments1 making a transition to the    
provision of online services1 and       
addressing issues raised by an inability
 to raise funds4  7f7 ,procedures ,the  
,agency shall establish procedures to   

discourage and prevent waste1 fraud1 and
 abuse by applicants for1 and recipients
 of1 grants made under this section4    
7g7 ,penalties for fraud and            
misapplication of funds ,an applicant   
for1 or recipient of1 a grant made under
 this section shall be subject to all   
applicable provisions of ,federal law1  
including section #ajja of title #ah1   
,united ,states ,code4  7h7             
,non-duplication ,the ,agency shall     
ensure that covered entities do not     
receive grants under both this section  
and section #aajh of the ,coronavirus   
,aid1 ,relief1 and ,economic ,security  
,act4  7i7 ,inspector ,general audit    
,not later than #ahj days after the date
 on which the ,agency begins making     
grants under this section1 the          
,inspector ,general of the ,department  
of ,commerce shall-- 7#a7 conduct an    
audit of grants made under this section1
 which shall seek to identify any       
discrepancies or irregularities with    
respect to the grants2 and  7#b7 submit 

to ,congress a report regarding the     
audit conducted under paragraph 7#a74   
7j7 ,updates to ,congress ,not later    
than #cj days after the date of         
enactment of this ,act1 and once every  
#cj days thereafter until the date      
described in subsection 7k71 the ,agency
 shall submit to ,congress a report that
 contains-- 7#a7 the number of grants   
made under this section during the      
period covered by the report2 and  7#b7 
with respect to the grants described in 
paragraph 7#a71 the geographic          
distribution of those grants by ,state  
and county4  7k7 ,termination ,the      
authority to make grants under this     
section shall terminate on ,september   
#cj1 #bjba4  #e4 ,outreach to business  
centers  7a7 ,in general ,not later than
 #aj days after the date of enactment of
 this ,act1 the ,agency shall conduct   
outreach to the business center network 
of the ,agency to provide guidance to   
those centers regarding other ,federal  
programs that are available to provide  

support to minority business            
enterprises1 including programs at the  
,department of the ,treasury1 the ,small
 ,business ,administration1 and the     
,economic ,development ,administration  
of the ,department of ,commerce4  7b7   
,additional staff ,the ,agency may hire 
additional staff to carry out the       
responsibilities of the ,agency under   
subsection 7a74  7c7 ,outreach to       
,native communities  7#a7 ,in general   
,in carrying out this section1 the      
,agency shall ensure that outreach is   
conducted in ,american ,indian1 ,alaska 
,native1 and ,native ,hawaiian          
communities4  7#b7 ,direct outreach to  
certain minority business enterprises   
,if the ,assistant ,secretary determines
 that a particular ,american ,indian1   
,alaska ,native1 or ,native ,hawaiian   
community does not receive sufficient   
grant amounts under section #d of this  
,act or section #aajh of the ,,cares    
,act1 the ,assistant ,secretary shall   
carry out additional outreach directly  

to minority business enterprises located
 in that community to provide guidance  
regarding ,federal programs that are    
available to provide support to minority
 business enterprises4  7d7 ,use of     
appropriated funds ,if1 after carrying  
out this section1 there are remaining   
funds made available to carry out this  
section from the amount appropriated    
under section #f1 the ,agency may use   
those remaining funds to carry out other
 responsibilities of the ,agency under  
section #d4  #f4 ,direct appropriation  
7a7 ,in general ,there is appropriated  
to the ,agency1 in additional to any    
other amounts previously appropriated   
for the ,agency and out of amounts in   
the ,treasury not otherwise             
appropriated1 for the fiscal year ending
 ,september #cj1 #bjbj1 to remain       
available until ,september #cj1 #bjba1  
#fj1jjj1jjj1 of which-- 7#a7 #aj1jjj1jjj
 shall be for carrying out section #d of
 this ,act2  7#b7 #e1jjj1jjj shall be   
for carrying out section #e of this     

,act2 and  7#c7 #aj1jjj1jjj shall be    
allocated to the ,white ,house          
,initiative on ,asian ,americans and    
,pacific ,islanders4  7b7 ,emergency    
designation  7#a7 ,in general ,the      
amounts provided by this ,act are       
designated as an emergency requirement  
pursuant to section #d7;g7 of the       
,statutory ,pay-,as-,you-,go ,act of    
#bjaj 7#b ,u4,s4,c4 #icc7;g774  7#b7    
,designation in ,senate ,in the ,senate1
 this ,act is designated as an emergency
 requirement pursuant to section        
#daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth
 ,congress71 the concurrent resolution  
on the budget for fiscal year #bjah4    
#g4 ,audits  7a7 ,recordkeeping         
requirement ,each recipient of          
assistance under this ,act shall keep   
such records as the ,assistant          
,secretary shall prescribe1 including   
records that fully disclose1 with       
respect to the assistance received by   
the recipient under this ,act-- 7#a7 the
 amount and nature of that assistance2  

7#b7 the disposition by the recipient of
 the proceeds of that assistance2  7#c7 
the total cost of the undertaking for   
which the assistance is given or used2  
7#d7 the amount and nature of the       
portion of the cost of the undertaking  
described in paragraph 7#c7 that is     
supplied by a source other than the     
,agency2 and  7#e7 any other records    
that will facilitate an effective audit 
of the assistance4  7b7 ,access by      
,government officials ,the ,assistant   
,secretary1 the ,inspector ,general of  
the ,department of ,commerce1 and the   
,comptroller ,general of the ,united    
,states1 or any duly authorized         
representative of any such individual1  
shall have access1 for the purpose of   
audit1 investigation1 and examination1  
to any book1 document1 paper1 record1 or
 other material of a recipient of       
assistance4  #h4 ,review and report by  
,comptroller ,general ,not later than #d
 years after the date of enactment of   
this ,act1 the ,comptroller ,general of 

the ,united ,states shall-- 7#a7 conduct
 a thorough review of the programs      
carried out under this ,act2 and  7#b7  
submit to ,congress a detailed report of
 the findings of the ,comptroller       
,general of the ,united ,states under   
the review carried out under paragraph  
7#a71 which shall include-- 7,a7 an     
evaluation of the effectiveness of the  
programs in achieving the purposes of   
this ,act2  7,b7 a description of any   
failure by any recipient of assistance  
under this ,act to comply with the      
requirements under this ,act2 and  7,c7 
recommendations for any legislative or  
administrative action that should be    
taken to improve the achievement of the 
purposes of this ,act4  #i4 ,annual     
reports2 recommendations  7a7 ,annual   
report ,not later than #ij days after   
the last day of each fiscal year1 the   
,assistant ,secretary shall submit to   
,congress1 and publish on the website of
 the ,agency1 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         
submitted4  7b7 ,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 ,act4  #aj4 ,executive ,order      
#aafbe ,the powers and duties of the    
,agency shall be determined-- 7#a7 in   
accordance with this ,act and the       
requirements of this ,act2 and  7#b7    
without regard to ,executive ,order     
#aafbe 7#cf ,fed4 ,reg4 #aiifg2 relating
 to prescribing additional arrangements 
for developing and coordinating a       
national program for minority business  
enterprise74  #aa4 ,amendment to the    
,federal ,acquisition ,streamlining ,act
 of #aiid ,section #gajd7;c7 of the     
,federal ,acquisition ,streamlining ,act
 of #aiid 7#ae ,u4,s4,c4 #fdd;a7c77 is  
amended by striking paragraph 7#b7 and  

inserting the following3  7#b7 ,the     
,assistant ,secretary of ,commerce for  
,minority ,business ,development4  4