,,ii #aagth ,,congress #ast ,session ,s4 #abee ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bj1 #bjba,mr4 ,cardin 7for himself1 ,ms4 ,cantwell1 ,mr4 ,padilla1 ,ms4 ,rosen1 ,ms4 ,sinema1 ,mr4 ,booker1 ,ms4 ,cortez ,masto1 ,mr4 ,van ,hollen1 ,mr4 ,warnock1 ,mrs4 ,feinstein1 ,mr4 ,wyden1 ,mr4 ,schumer1 ,mr4 ,blumenthal1 ,mr4 ,lujn1 ,mr4 ,durbin1 and ,ms4 ,smith7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 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 enterprises1 to ensure that such ,agency has the necessary supporting resources1 particularly during economic downturns1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,minority ,business ,resiliency ,act of #bjba4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings and purposes4,sec4 #c4 ,definitions4,sec4 #d4 ,minority ,business ,development ,agency4,,title ,i--,existing initiatives,subtitle ,a--,market development1 research1 and information,sec4 #aja4 ,private sector development4,sec4 #ajb4 ,public sector development4,sec4 #ajc4 ,research and information4,subtitle ,b--,minority ,business ,development ,agency ,business ,center ,program,sec4 #aaj4 ,definition4,sec4 #aaa4 ,purpose4,sec4 #aab4 ,establishment4,sec4 #aac4 ,grants and cooperative agreements4,sec4 #aad4 ,minimizing disruptions to existing ,,mbda ,business ,center program4,sec4 #aae4 ,publicity4,sec4 #aaf4 ,funding4,,title ,,ii--,new initiatives to promote economic resiliency for minority businesses,sec4 #bja4 ,annual diverse business forum on capital formation4,sec4 #bjb4 ,agency study on alternative financing solutions4,sec4 #bjc4 ,educational development relating to management and entrepreneurship4,,title ,,iii--,rural minority business center program,sec4 #cja4 ,definitions4,sec4 #cjb4 ,business centers4,sec4 #cjc4 ,report to ,congress4,sec4 #cjd4 ,study and report4,,title ,,iv--,minority business development grants,sec4 #dja4 ,grants to nonprofit organizations that support minority business enterprises4,sec4 #djb4 ,minority business grants4,,title ,v--,administrative and other powers of the ,agency2 miscellaneous provisions,sec4 #eja4 ,administrative powers4,sec4 #ejb4 ,federal assistance4,sec4 #ejc4 ,audits4,sec4 #ejd4 ,review and report by ,comptroller ,general4,sec4 #eje4 ,annual reports2 recommendations4,sec4 #ejf4 ,separability4,sec4 #ejg4 ,executive ,order #aafbe4,sec4 #ejh4 ,amendment to the ,federal ,acquisition ,streamlining ,act of #aiid4,sec4 #eji4 ,authorization of appropriations4 #b4 ,findings and purposes 7a7 ,findings ,congress finds the following3 7#a7 ,during times of economic downturn or recession1 communities of color1 and businesses within those communities1 are generally more adversely affected1 which requires an expansion of the ability of the ,federal ,government to infuse resources into those communities4 7#b7 ,despite the growth in the number of minority business enterprises1 gaps remain with respect to key metrics for those enterprises1 such as access to capital1 revenue1 number of employees1 and survival rate4 ,specifically-- 7,a7 according to the ,department of ,commerce1 minority business enterprises are #b to #c times more likely to be denied loans than non-minority business enterprises2 7,b7 according to the ,bureau of the ,census1 the average non-minority business enterprise reports receipts that are more than #c times higher than receipts reported by the average minority business enterprise2 and 7,c7 according to the ,kauffman ,foundation-- 7i7 minority business enterprises are #a_/b as likely to employ individuals1 as compared with non-minority business enterprises2 and 7ii7 if minorities started and owned businesses at the same rate as non-minorities1 the ,united ,states economy would have more than #a1jjj1jjj additional employer businesses and more than #i1ejj1jjj additional jobs4 7#c7 ,because of the conditions described in paragraph 7#b71 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 experience4 7#d7 ,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 control1 including individuals who are-- 7,a7 ,black or ,african ,american2 7,b7 ,hispanic or ,latino2 7,c7 ,american ,indian or ,alaska ,native2 7,d7 ,asian2 and 7,e7 ,native ,hawaiian or other ,pacific ,islander4 7#e7 ,discriminatory practices and similar circumstances described in paragraph 7#d7 are a significant determinant of overall economic disadvantage in the ,united ,states1 which is evident in the persistent racial wealth gap in the ,united ,states4 7#f7 ,while other ,federal agencies focus only on small businesses and businesses that represent a broader demographic than solely minority business enterprises1 the ,agency focuses exclusively on-- 7,a7 the unique needs of minority business enterprises2 and 7,b7 enhancing the capacity of minority business enterprises4 7b7 ,purposes ,the purposes of this ,act are to-- 7#a7 require the ,agency to promote and administer programs in the public and private sectors to assist the development of minority business enterprises2 and 7#b7 achieve the development described in paragraph 7#a7 by authorizing the ,assistant ,secretary to carry out programs that will result in increased access to capital1 management1 and technology for minority business enterprises4 #c4 ,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 ,development1 who is appointed as described in section #d7;b7 to administer this ,act4 7#c7 ,community-based organization ,the term community-based organization has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#d7 ,eligible entity ,except as otherwise expressly provided1 the term eligible entity-- 7,a7 means-- 7i7 a private sector entity2 7ii7 a public sector entity2 or 7iii7 a ,tribal government2 and 7,b7 includes an institution of higher education4 7#e7 ,federal agency ,the term ,federal agency has the meaning given the term agency in section #eea of title #e1 ,united ,states ,code4 7#f7 ,federally recognized area of economic distress ,the term federally recognized area of economic distress means-- 7,a7 a ,h,u,b,zone1 as that term is defined in section #ca7;b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #feg;a7b772 7,b7 an area that-- 7i7 has been designated as-- 7,i7 an empowerment zone under section #acia of the ,internal ,revenue ,code of #aihf2 or 7,,ii7 a ,promise ,zone by the ,secretary of ,housing and ,urban ,development2 or 7ii7 is a low or moderate income area1 as determined by the ,bureau of the ,census2 7,c7 a qualified opportunity zone1 as that term is defined in section #adjj,z-#a of the ,internal ,revenue ,code of #aihf2 or 7,d7 any other political subdivision or unincorporated area of a ,state determined by the ,assistant ,secretary to be an area of economic distress4 7#g7 ,indian ,tribe ,the term ,indian ,tribe-- 7,a7 has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd72 and 7,b7 includes a ,native ,hawaiian organization4 7#h7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#i7 ,,mbda ,business ,center ,the term ,,mbda ,business ,center means any business center that-- 7,a7 is established by the ,agency2 and 7,b7 provides technical business assistance to minority business enterprises consistent with the requirements of this ,act4 7#aj7 ,,mbda ,business ,center agreement ,the term ,,mbda ,business ,center agreement means a legal instrument-- 7,a7 reflecting a relationship between the ,agency and the recipient of a ,federal assistance award that is the subject of the instrument2 and 7,b7 that establishes the terms by which the recipient described in subparagraph 7,a7 shall operate an ,,mbda ,business ,center4 7#aa7 ,minority business enterprise ,the term minority business enterprise means a business enterprise 7without regard to whether the business enterprise is a for-profit or not-for-profit enterprise7-- 7,a7 that is not less than #ea percent-owned by #a or more socially and economically disadvantaged individuals2 and 7,b7 the management and daily business operations of which are controlled by #a or more socially and economically disadvantaged individuals4 7#ab7 ,private sector entity ,the term private sector entity-- 7,a7 means an entity that is not a public sector entity2 and 7,b7 does not include-- 7i7 the ,federal ,government2 7ii7 any ,federal agency2 or 7iii7 any instrumentality of the ,federal ,government4 7#ac7 ,public sector entity ,the term public sector entity means-- 7,a7 a ,state2 7,b7 an agency of a ,state2 7,c7 a political subdivision of a ,state2 or 7,d7 an agency of a political subdivision of a ,state4 7#ad7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#ae7 ,socially and economically disadvantaged individual 7,a7 ,in general ,the term socially and economically disadvantaged individual means an individual who has been subjected to racial or ethnic prejudice1 or to cultural bias1 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 ,assistant ,secretary shall presume that the term socially and economically 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 7#af7 ,specialty center ,the term specialty center means an ,,mbda ,business ,center that provides specialty services focusing on specific business needs1 including assistance relating to-- 7,a7 capital access2 7,b7 ,federal procurement2 7,c7 entrepreneurship2 7,d7 technology transfer2 or 7,e7 any other area determined necessary or appropriate based on the priorities of the ,agency4 7#ag7 ,state ,the term ,state means-- 7,a7 each of the ,states of the ,united ,states2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 the ,united ,states ,virgin ,islands2 7,e7 ,guam2 7,f7 ,american ,samoa2 7,g7 the ,commonwealth of the ,northern ,mariana ,islands2 and 7,h7 each ,indian ,tribe4 #d4 ,minority ,business ,development ,agency 7a7 ,in general ,there is within the ,department of ,commerce the ,minority ,business ,development ,agency4 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 7,a7 ,in general ,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 7,b7 ,technical and conforming amendment ,section #ecae of title #e1 ,united ,states ,code1 is amended1 in the item relating to ,assistant ,secretaries of ,commerce1 by striking 7#aa7 and inserting 7#ab74 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 within 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 ,office of ,business ,centers 7#a7 ,establishment ,there is established within the ,agency an ,office of ,business ,centers4 7#b7 ,director ,the ,office of ,business ,centers shall be administered by a ,director1 who shall be appointed by the ,assistant ,secretary4 7e7 ,offices of the ,agency 7#a7 ,in general ,in addition to the regional offices that the ,assistant ,secretary is required to establish under paragraph 7#b71 the ,assistant ,secretary shall establish such other offices within the ,agency as are necessary to carry out this ,act4 7#b7 ,regional offices 7,a7 ,in general ,in order to carry out this ,act1 the ,assistant ,secretary shall establish a regional office of the ,agency for each of the regions of the ,united ,states1 as determined by the ,assistant ,secretary4 7,b7 ,duties ,each regional office established under subparagraph 7,a7 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 office1 including by-- 7i7 understanding and participating in the business environment of that region2 7ii7 working with-- 7,i7 ,,mbda ,business ,centers that are located in that region2 7,,ii7 resource and lending partners of the ,small ,business ,administration and the ,department of ,agriculture that are located in that region2 and 7,,iii7 ,federal1 ,state1 and local procurement offices that are located in that region2 7iii7 being aware of business retention or expansion programs that are specific to that region2 7iv7 seeking out opportunities to collaborate with regional public and private programs that focus on minority business enterprises2 and 7v7 promoting business continuity and preparedness4 ,i ,existing initiatives ,a ,market development1 research1 and information #aja4 ,private sector development ,the ,assistant ,secretary shall1 whenever the ,assistant ,secretary determines such action is necessary or appropriate-- 7#a7 provide ,federal assistance to minority business enterprises operating in domestic and foreign markets by making available to those business enterprises1 either directly or in cooperation with private sector entities1 including community-based organizations and national nonprofit organizations-- 7,a7 resources relating to management2 7,b7 technological and technical assistance2 7,c7 financial1 legal1 and marketing services2 and 7,d7 services relating to workforce development2 7#b7 encourage minority business enterprises to establish joint ventures and projects-- 7,a7 with other minority business enterprises2 or 7,b7 in cooperation with public sector entities or private sector entities1 including community-based organizations and national nonprofit organizations1 to increase the share of any market activity being performed by minority business enterprises2 and 7#c7 facilitate the efforts of private sector entities and ,federal agencies to advance the growth of minority business enterprises4 #ajb4 ,public sector development ,the ,assistant ,secretary shall1 whenever the ,assistant ,secretary determines such action is necessary or appropriate-- 7#a7 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 entities1 including by assisting public sector entities to establish or enhance-- 7,a7 programs to procure goods and services through minority business enterprises and goals for that procurement2 7,b7 programs offering assistance relating to-- 7i7 management2 7ii7 technology2 7iii7 law2 7iv7 financing1 including accounting2 7v7 marketing2 and 7vi7 workforce development2 and 7,c7 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 section2 7#b7 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 entities2 and 7#c7 facilitate the efforts of public sector entities and ,federal agencies to advance the growth of minority business enterprises4 #ajc4 ,research and information 7a7 ,in general ,in order to achieve the purposes of this ,act1 the ,assistant ,secretary-- 7#a7 shall-- 7,a7 collect and analyze data1 including data relating to the causes of the success or failure of minority business enterprises2 7,b7 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 enterprises2 7,c7 conduct research1 studies1 and surveys of-- 7i7 economic conditions generally in the ,united ,states2 and 7ii7 how the conditions described in clause 7i7 particularly affect the development of minority business enterprises2 and 7,d7 provide outreach1 educational services1 and technical assistance in the #aj most commonly spoken languages in the ,united ,states to ensure that limited-,english proficient individuals receive culturally and linguistically appropriate access to the services and information provided by the ,agency2 and 7#b7 may1 at the request of a public sector entity or a private sector entity1 perform an evaluation of programs carried out by the entity that are designed to assist the development of minority business enterprises4 7b7 ,information clearinghouse ,the ,assistant ,secretary shall-- 7#a7 establish and maintain an information clearinghouse for the collection and dissemination to relevant parties 7including business owners and researchers7 of demographic1 economic1 financial1 managerial1 and technical data relating to minority business enterprises2 and 7#b7 take such steps as the ,assistant ,secretary may determine to be necessary and desirable to-- 7,a7 search for1 collect1 classify1 coordinate1 integrate1 record1 and catalog the data described in paragraph 7#a72 and 7,b7 in a manner that is consistent with section #eeb;a of title #e1 ,united ,states ,code1 protect the privacy of the minority business enterprises to which the data described in paragraph 7#a7 relates4 ,b ,minority ,business ,development ,agency ,business ,center ,program #aaj4 ,definition ,in this subtitle1 the term ,,mbda ,business ,center ,program means the program established under section #aab4 #aaa4 ,purpose ,the purpose of the ,,mbda ,business ,center ,program shall be to create a national network of public-private partnerships that-- 7#a7 assist minority business enterprises to-- 7,a7 access capital1 contracts1 and grants2 and 7,b7 create and maintain jobs2 7#b7 provide counseling and mentoring to minority business enterprises2 and 7#c7 facilitate the growth of minority business enterprises by promoting trade4 #aab4 ,establishment 7a7 ,in general ,there is established in the ,agency a program-- 7#a7 that shall be known as the ,,mbda ,business ,center ,program2 7#b7 that shall be separate and distinct from the efforts of the ,assistant ,secretary under section #aja2 and 7#c7 under which the ,assistant ,secretary shall make ,federal assistance awards to eligible entities to operate ,,mbda ,business ,centers1 which shall1 in accordance with section #aac1 provide technical assistance and business development services1 or specialty services1 to minority business enterprises4 7b7 ,coverage ,the ,assistant ,secretary shall take all necessary actions to ensure that the ,,mbda ,business ,center ,program1 in accordance with section #aac1 offers the services described in subsection 7a77#c7 in all regions of the ,united ,states4 #aac4 ,grants and cooperative agreements 7a7 ,requirements ,an ,,mbda ,business ,center 7referred to in this subtitle as a ,center71 with respect to the ,federal financial assistance award made to operate the ,center under the ,,mbda ,business ,center ,program-- 7#a7 shall-- 7,a7 provide to minority business enterprises programs and services determined to be appropriate by the ,assistant ,secretary1 which-- 7i7 shall include referral services to meet the needs of minority business enterprises2 and 7ii7 may include programs and services to accomplish the goals described in section #aja7a72 7,b7 develop1 cultivate1 and maintain a network of strategic partnerships with organizations that foster access by minority business enterprises to economic markets1 capital1 or contracts2 7,c7 continue to upgrade and modify the services provided by the ,center1 as necessary1 in order to meet the changing and evolving needs of the business community2 7,d7 establish or continue a referral relationship with not less than #a community-based organization2 and 7,e7 collaborate with other ,centers2 and 7#b7 in providing programs and services under the applicable ,,mbda ,business ,center agreement1 may-- 7,a7 operate on a fee-for-service basis2 or 7,b7 generate income through the collection of-- 7i7 client fees2 7ii7 membership fees2 and 7iii7 any other appropriate fees proposed by the ,center in the application submitted by the ,center under subsection 7e74 7b7 ,term ,subject to subsection 7g77#c71 the term of an ,,mbda ,business ,center agreement shall be not less than #c years4 7c7 ,financial assistance 7#a7 ,in general ,the amount of financial assistance provided by the ,assistant ,secretary under an ,,mbda ,business ,center agreement shall be not less than #bej1jjj for the term of the agreement4 7#b7 ,matching requirement 7,a7 ,in general ,a ,center shall match not less than #a_/c of the amount of the financial assistance awarded to the ,center under the terms of the applicable ,,mbda ,business ,center agreement1 unless the ,assistant ,secretary determines that a waiver of that requirement is necessary after a demonstration by the ,center of a substantial need for that waiver4 7,b7 ,form of funds ,a ,center may meet the matching requirement under subparagraph 7,a7 using-- 7i7 cash or in-kind contributions1 without regard to whether the contribution is made by a third party2 or 7ii7 ,federal funds received from other ,federal programs4 7#c7 ,use of financial assistance and program income ,a ,center shall use-- 7,a7 all financial assistance awarded to the ,center under the applicable ,,mbda ,business ,center agreement to carry out subsection 7a72 and 7,b7 all income that the ,center generates in carrying out subsection 7a7-- 7i7 to meet the matching requirement under paragraph 7#b7 of this subsection2 and 7ii7 if the ,center meets the matching requirement under paragraph 7#b7 of this subsection1 to carry out subsection 7a74 7d7 ,criteria for selection ,the ,assistant ,secretary shall-- 7#a7 establish criteria that-- 7,a7 the ,assistant ,secretary shall use in determining whether to enter into an ,,mbda ,business ,center agreement with an eligible entity2 and 7,b7 may include criteria relating to whether an eligible entity is located in-- 7i7 an area1 the population of which is composed of not less than #ea percent socially and economically disadvantaged individuals1 as determined in accordance with data collected by the ,bureau of the ,census2 7ii7 a federally recognized area of economic distress2 or 7iii7 a ,state that is underserved with respect to the ,,mbda ,business ,center ,program1 as defined by the ,assistant ,secretary2 and 7#b7 make the criteria and standards established under paragraph 7#a7 publicly available1 including-- 7,a7 on the website of the ,agency2 and 7,b7 in each ,notice of ,funding ,opportunity soliciting ,,mbda ,business ,center agreements4 7e7 ,applications ,an eligible entity desiring to enter into an ,,mbda ,business ,center agreement shall submit to the ,assistant ,secretary an application that includes-- 7#a7 a statement of-- 7,a7 how the eligible entity will carry out subsection 7a72 and 7,b7 any experience of the eligible entity in-- 7i7 assisting minority business enterprises to-- 7,i7 obtain-- 7aa7 large-scale contracts1 grants1 or procurements2 7bb7 financing2 or 7cc7 legal assistance2 7,,ii7 access established supply chains2 and 7,,iii7 engage in-- 7aa7 joint ventures1 teaming arrangements1 and mergers and acquisitions2 or 7bb7 large-scale transactions in global markets2 7ii7 supporting minority business enterprises in increasing the size of the workforces of those enterprises1 including1 with respect to a minority business enterprise that does not have employees1 aiding the minority business enterprise in becoming an enterprise that has employees2 and 7iii7 advocating for minority business enterprises2 and 7#b7 the budget and corresponding budget narrative that the eligible entity will use in carrying out subsection 7a7 during the term of the applicable ,,mbda ,business ,center agreement4 7f7 ,notification ,if the ,assistant ,secretary grants an application of an eligible entity submitted under subsection 7e71 the ,assistant ,secretary shall notify the eligible entity that the application has been granted not later than #aej days after the last day on which an application may be submitted under that subsection4 7g7 ,program examination2 accreditation2 extensions 7#a7 ,examination ,not later than #ahj days after the date of enactment of this ,act1 and biennially thereafter1 the ,assistant ,secretary shall conduct a programmatic financial examination of each ,center4 7#b7 ,accreditation ,the ,assistant ,secretary may provide financial support1 by contract or otherwise1 to an association1 not less than #ea percent of the members of which are ,centers1 to-- 7,a7 pursue matters of common concern with respect to ,centers2 and 7,b7 develop an accreditation program with respect to ,centers4 7#c7 ,extensions 7,a7 ,in general ,the ,assistant ,secretary may extend the term under subsection 7b7 of an ,,mbda ,business ,center agreement to which a ,center is a party1 if the ,center consents to the extension4 7,b7 ,financial assistance ,if the ,assistant ,secretary extends the term of an ,,mbda ,business ,center agreement under paragraph 7#a71 the ,assistant ,secretary shall1 in the same manner and amount in which financial assistance was provided during the initial term of the agreement1 provide financial assistance under the agreement during the extended term of the agreement4 7h7 ,,mbda involvement ,the ,assistant ,secretary may take actions to ensure that the ,agency is substantially involved in the activities of ,centers in carrying out subsection 7a71 including by-- 7#a7 providing to each ,center training relating to the ,,mbda ,business ,center ,program2 7#b7 requiring that the operator and staff of each ,center-- 7,a7 attend-- 7i7 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 programs2 and 7ii7 training provided under paragraph 7#a72 7,b7 receive necessary guidance relating to carrying out the requirements under subsection 7a72 and 7,c7 work in coordination and collaboration with the ,assistant ,secretary to carry out the ,,mbda ,business ,center ,program and other programs of the ,agency2 7#c7 facilitating connections between ,centers and-- 7,a7 ,federal agencies other than the ,agency1 including the ,small ,business ,administration1 the ,department of ,agriculture1 the ,federal ,trade ,commission1 the ,united ,states ,patent and ,trademark ,office1 and the ,economic ,development ,administration of the ,department of ,commerce2 and 7,b7 other institutions or entities that use ,federal resources1 including-- 7i7 small business development centers1 as that term is defined in section #c7t7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7t772 7ii7 women's business centers described in section #bi of the ,small ,business ,act 7#ae ,u4,s4,c4 #fef72 7iii7 eligible entities1 as that term is defined in section #bdaa of title #aj1 ,united ,states ,code1 that provide services under the program carried out under chapter #adb of that title2 and 7iv7 entities participating in the ,hollings ,manufacturing ,extension ,partnership ,program established under section #be of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bghk72 7#d7 monitoring projects carried out by each ,center2 and 7#e7 establishing and enforcing administrative and reporting requirements for each ,center to carry out subsection 7a74 7i7 ,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 ,,mbda ,business ,center ,program4 #aad4 ,minimizing disruptions to existing ,,mbda ,business ,center program ,the ,assistant ,secretary shall ensure that each ,federal assistance award made under the ,business ,centers program of the ,agency1 as is in effect on the day before the date of enactment of this ,act1 is carried out in a manner that1 to the greatest extent practicable1 prevents disruption of any activity carried out under that award4 #aae4 ,publicity ,in carrying out the ,,mbda ,business ,center ,program1 the ,assistant ,secretary shall widely publicize the ,,mbda ,business ,center ,program1 including-- 7#a7 on the website of the ,agency2 7#b7 via social media outlets2 and 7#c7 by sharing information relating to the ,,mbda ,business ,center ,program with community-based organizations1 including interpretation groups where necessary1 to communicate in the most common languages spoken by the groups served by those organizations4 #aaf4 ,funding ,the ,assistant ,secretary shall use not less than #ej percent of the amount made available to carry out this ,act in each of fiscal years #bjba through #bjbd to carry out the ,,mbda ,business ,center ,program1 including the component of the program relating to specialty centers4 ,,ii ,new initiatives to promote economic resiliency for minority businesses #bja4 ,annual diverse business forum on capital formation 7a7 ,responsibility of ,agency ,not later than #ah months after the date of enactment of this ,act1 and annually thereafter1 the ,agency shall conduct a ,government-business forum to review the current status of problems and programs relating to capital formation by minority business enterprises4 7b7 ,participation in forum planning ,the ,assistant ,secretary shall invite the heads of other ,federal agencies1 such as the ,chairman of the ,securities and ,exchange ,commission1 the ,secretary of the ,treasury1 and the ,chairman of the ,board of ,governors of the ,federal ,reserve ,system1 organizations representing ,state securities commissioners1 representatives of leading minority chambers of commerce1 not less than #a certified owner of a minority business enterprise1 business organizations1 and professional organizations concerned with capital formation to participate in the planning of each forum conducted under subsection 7a74 7c7 ,preparation of statements and reports 7#a7 ,requests ,the ,assistant ,secretary may request that any head of a ,federal department1 agency1 or organization1 including those described in subsection 7b71 or any other group or individual1 prepare a statement or report to be delivered at any forum conducted under subsection 7a74 7#b7 ,cooperation ,any head of a ,federal department1 agency1 or organization who receives a request under paragraph 7#a7 shall1 to the greatest extent practicable1 cooperate with the ,assistant ,secretary to fulfill that request4 7d7 ,transmittal of proceedings and findings ,the ,assistant ,secretary shall-- 7#a7 prepare a summary of the proceedings of each forum conducted under subsection 7a71 which shall include the findings and recommendations of the forum2 and 7#b7 transmit the summary described in paragraph 7#a7 with respect to each forum conducted under subsection 7a7 to-- 7,a7 the participants in the forum2 7,b7 ,congress2 and 7,c7 the public1 through a publicly available website4 7e7 ,review of findings and recommendations2 public statements 7#a7 ,in general ,a ,federal agency to which a finding or recommendation described in subsection 7d77#a7 relates shall-- 7,a7 review that finding or recommendation2 and 7,b7 promptly after the finding or recommendation is transmitted under subsection 7d77#b77;,c71 issue a public statement-- 7i7 assessing the finding or recommendation2 and 7ii7 disclosing the action1 if any1 the ,federal agency intends to take with respect to the finding or recommendation4 7#b7 ,joint statement permitted ,if a finding or recommendation described in subsection 7d77#a7 relates to more than #a ,federal agency1 the applicable ,federal agencies may1 for the purposes of the public statement required under paragraph 7#a77;,b71 issue a joint statement4 #bjb4 ,agency study on alternative financing solutions 7a7 ,purpose ,the purpose of this section is to provide information relating to alternative financing solutions to minority business enterprises1 as those business enterprises are more likely to struggle in accessing1 particularly at affordable rates1 traditional sources of capital4 7b7 ,study and report ,not later than #a year after the date of enactment of this ,act1 the ,assistant ,secretary shall-- 7#a7 conduct a study on opportunities for providing alternative financing solutions to minority business enterprises2 and 7#b7 submit to ,congress1 and publish on the website of the ,agency1 a report describing the findings of the study carried out under paragraph 7#a74 #bjc4 ,educational development relating to management and entrepreneurship 7a7 ,duties ,the ,assistant ,secretary shall1 whenever the ,assistant ,secretary determines such action is necessary or appropriate-- 7#a7 promote and provide assistance for the education and training of socially and economically disadvantaged individuals in subjects directly relating to business administration and management2 7#b7 join with1 and encourage1 institutions of higher education1 leaders in business and industry1 and other public sector and private sector entities1 particularly minority business enterprises1 to-- 7,a7 develop programs to offer scholarships and fellowships1 apprenticeships1 and internships relating to business to socially and economically disadvantaged individuals2 and 7,b7 sponsor seminars1 conferences1 and similar activities relating to business for the benefit of socially and economically disadvantaged individuals2 7#c7 stimulate and accelerate curriculum design and improvement in support of development of minority business enterprises2 and 7#d7 encourage and assist private institutions and organizations and public sector entities to undertake activities similar to the activities described in paragraphs 7#a71 7#b71 and 7#c74 7b7 ,parren ,j4 ,mitchell entrepreneurship education grants 7#a7 ,definition ,in this subsection1 the term eligible institution means an institution of higher education described in any of paragraphs 7#a7 through 7#g7 of section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a774 7#b7 ,grants ,the ,assistant ,secretary shall award grants to eligible institutions to develop and implement entrepreneurship curricula4 7#c7 ,requirements ,an eligible institution to which a grant is awarded under this subsection shall use the grant funds to-- 7,a7 develop a curriculum that includes training in various skill sets needed by contemporary successful entrepreneurs1 including-- 7i7 business management and marketing2 7ii7 financial management and accounting2 7iii7 market analysis2 7iv7 competitive analysis2 7v7 innovation2 7vi7 strategic planning2 and 7vii7 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 located2 and 7,b7 implement the curriculum developed under subparagraph 7,a7 at the eligible institution4 7#d7 ,implementation timeline ,the ,assistant ,secretary shall establish and publish a timeline under which an eligible institution to which a grant is awarded under this section shall carry out the requirements under paragraph 7#c74 7#e7 ,reports ,each year1 the ,assistant ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,small ,business and ,entrepreneurship of the ,senate1 the ,committee on ,financial ,services of the ,house of ,representatives1 and the ,committee on ,small ,business of the ,house of ,representatives1 as part of the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code1 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 submitted1 which shall include1 with respect to that fiscal year-- 7,a7 a description of each curriculum developed and implemented under each grant awarded under this section2 7,b7 the date on which each grant awarded under this section was awarded2 and 7,c7 the number of eligible entities that were recipients of grants awarded under this section4 ,,iii ,rural minority business center program #cja4 ,definitions ,in this title3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,b7 the ,committee on ,small ,business and ,entrepreneurship of the ,senate2 7,c7 the ,committee on ,financial ,services of the ,house of ,representatives2 and 7,d7 the ,committee on ,small ,business of the ,house of ,representatives4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a minority-serving institution2 or 7,b7 a consortium of institutions of higher education that is led by a minority-serving institution4 7#c7 ,,mbda ,rural ,business ,center ,the term ,,mbda ,rural ,business ,center means an ,,mbda ,business ,center that provides technical business assistance to minority business enterprises located in rural areas4 7#d7 ,,mbda ,rural ,business ,center agreement ,the term ,,mbda ,rural ,business ,center agreement means an ,,mbda ,business ,center agreement that establishes the terms by which the recipient of the ,federal assistance award that is the subject of the agreement shall operate an ,,mbda ,rural ,business ,center4 7#e7 ,minority-serving institution ,the term minority-serving institution means an institution described in any of paragraphs 7#a7 through 7#g7 of section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a774 7#f7 ,rural area 7,a7 ,in general ,subject to subparagraph 7,b71 the term rural area has the meaning given the term in section #cdc7;a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aiia7;a774 7,b7 #ajj1jjj inhabitants ,for the purpose of this title1 the reference to #ej1jjj inhabitants in section #cdc7;a77#ac77;,a77i7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aiia7;a77#ac77;,a77i77 shall be deemed to refer to #ajj1jjj inhabitants4 7#g7 ,rural minority business enterprise ,the term rural minority business enterprise means a minority business enterprise located in a rural area4 #cjb4 ,business centers 7a7 ,in general ,the ,assistant ,secretary may establish ,,mbda ,rural ,business ,centers4 7b7 ,partnership 7#a7 ,in general ,with respect to an ,,mbda ,rural ,business ,center established by the ,assistant ,secretary1 the ,assistant ,secretary shall establish the ,,mbda ,rural ,business ,center in partnership with an eligible entity in accordance with paragraph 7#b74 7#b7 ,,mbda agreement 7,a7 ,in general ,with respect to each ,,mbda ,rural ,business ,center established by the ,assistant ,secretary1 the ,assistant ,secretary shall enter into a cooperative agreement with an eligible entity that provides that-- 7i7 the eligible entity shall provide space1 facilities1 and staffing for the ,,mbda ,rural ,business ,center2 7ii7 the ,assistant ,secretary shall provide funding for1 and oversight with respect to1 the ,,mbda ,rural ,business ,center2 and 7iii7 subject to subparagraph 7,b71 the eligible entity shall match #bj percent of the amount of the funding provided by the ,assistant ,secretary under clause 7ii71 which may be calculated to include the costs of providing the space1 facilities1 and staffing under clause 7i74 7,b7 ,lower match requirement ,based on the available resources of an eligible entity1 the ,assistant ,secretary may enter into a cooperative agreement with the eligible entity that provides that-- 7i7 the eligible entity shall match less than #bj percent of the amount of the funding provided by the ,assistant ,secretary under subparagraph 7,a77ii72 or 7ii7 if the ,assistant ,secretary makes a determination1 upon a demonstration by the eligible entity of substantial need1 the eligible entity shall not be required to provide any match with respect to the funding provided by the ,assistant ,secretary under subparagraph 7,a77ii74 7,c7 ,eligible funds ,an eligible entity may provide matching funds required under an ,,mbda ,rural ,business ,center agreement with ,federal funds received from other ,federal programs4 7#c7 ,term ,the initial term of an ,,mbda ,rural ,business ,center agreement shall be #c years4 7#d7 ,extension ,the ,assistant ,secretary and an eligible entity may agree to extend the term of an ,,mbda ,rural ,business ,center agreement with respect to an ,,mbda ,rural ,business ,center4 7c7 ,functions ,an ,,mbda ,rural ,business ,center shall-- 7#a7 primarily serve clients that are-- 7,a7 rural minority business enterprises2 or 7,b7 minority business enterprises that are located more than #ej miles from an ,,mbda ,business ,center 7other than that ,,mbda ,rural ,business ,center72 7#b7 focus on-- 7,a7 issues relating to-- 7i7 the adoption of broadband internet access service 7as defined in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation71 digital literacy skills1 and e-commerce by rural minority business enterprises2 7ii7 advanced manufacturing2 7iii7 the promotion of manufacturing in the ,united ,states2 7iv7 ways in which rural minority business enterprises can meet gaps in the supply chain of critical supplies and essential goods and services for the ,united ,states2 7v7 improving the connectivity of rural minority business enterprises through transportation and logistics2 7vi7 promoting trade and export opportunities by rural minority business enterprises2 7vii7 securing financial capital2 7viii7 facilitating entrepreneurship in rural areas2 and 7ix7 creating jobs in rural areas2 and 7,b7 any other issue relating to the unique challenges faced by rural minority business enterprises2 and 7#c7 provide education1 training1 and legal1 financial1 and technical assistance to minority business enterprises4 7d7 ,applications 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,assistant ,secretary shall issue a ,notice of ,funding ,opportunity requesting applications from eligible entities that desire to enter into ,,mbda ,rural ,business ,center agreements4 7#b7 ,criteria and priority ,in selecting an eligible entity with which to enter into an ,,mbda ,rural ,business ,center agreement1 the ,assistant ,secretary shall-- 7,a7 select an eligible entity that demonstrates-- 7i7 the ability to collaborate with governmental and private sector entities to leverage capabilities of minority business enterprises through public-private partnerships2 7ii7 the research and extension capacity to support minority business enterprises2 7iii7 knowledge of the community that the eligible entity serves and the ability to conduct effective outreach to that community to advance the goals of an ,,mbda ,rural ,business ,center2 7iv7 the ability to provide innovative business solutions1 including access to contracting opportunities1 markets1 and capital2 7v7 the ability to provide services that advance the development of science1 technology1 engineering1 and math jobs within minority business enterprises2 7vi7 the ability to leverage resources from within the eligible entity to advance an ,,mbda ,rural ,business ,center2 7vii7 that the mission of the eligible entity aligns with the mission of the ,agency2 7viii7 the ability to leverage relationships with rural minority business enterprises2 and 7ix7 a referral relationship with not less than #a community-based organization2 and 7,b7 give priority to an eligible entity located in a ,state or region that lacks an ,,mbda ,business ,center1 as of the date of enactment of this ,act4 #cjc4 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 the ,assistant ,secretary shall submit to the appropriate congressional committees a report that includes-- 7#a7 a summary of the efforts of the ,assistant ,secretary to provide services to minority business enterprises located in ,states that lack an ,,mbda ,business ,center1 as of the date of enactment of this ,act1 and especially in those ,states that have significant minority populations2 and 7#b7 recommendations for extending the outreach of the ,agency to underserved areas4 #cjd4 ,study and report 7a7 ,in general ,the ,assistant ,secretary1 in coordination with relevant leadership of the ,agency and relevant individuals outside of the ,department of ,commerce1 shall conduct a study that addresses the ways in which minority business enterprises can meet gaps in the supply chain of the ,united ,states1 with a particular focus on the supply chain of advanced manufacturing and essential goods and services4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,assistant ,secretary shall submit to the appropriate congressional committees a report that includes the results of the study conducted under subsection 7a71 which shall include recommendations regarding the ways in which minority business enterprises can meet gaps in the supply chain of the ,united ,states4 ,,iv ,minority business development grants #dja4 ,grants to nonprofit organizations that support minority business enterprises 7a7 ,definition ,in this section1 the term covered entity means a private nonprofit organization that-- 7#a7 is described in paragraph 7#c71 7#d71 7#e71 or 7#f7 of section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code2 and 7#b7 can demonstrate that the primary mission of the organization is to provide services to minority business enterprises1 whether through education1 making grants or loans1 or other similar activities4 7b7 ,purpose ,the purpose of this section is to make grants to covered entities to help those covered entities continue the necessary work of supporting minority business enterprises4 7c7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,assistant ,secretary shall establish within the ,agency a grant program under which the ,assistant ,secretary shall make grants to covered entities in accordance with the requirements of this section4 7d7 ,application ,a covered entity desiring a grant under this section shall submit to the ,assistant ,secretary an application at such time1 in such manner1 and containing such information as the ,assistant ,secretary may require4 7e7 ,priority ,the ,assistant ,secretary shall1 in carrying out this section1 prioritize granting an application submitted by a covered entity-- 7#a7 the primary mission of which is serving socially and economically disadvantaged individuals2 or 7#b7 that is located in a federally recognized area of economic distress4 7f7 ,use of funds ,a covered entity to which a grant is made under this section may use the grant funds to support the development and growth of minority business enterprises4 7g7 ,procedures ,the ,assistant ,secretary shall establish procedures to discourage and prevent waste1 fraud1 and abuse by applicants for1 and recipients of1 grants made under this section4 7h7 ,inspector ,general audit ,not later than #ahj days after the date on which the ,assistant ,secretary 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 those grants2 and 7#b7 submit to ,congress a report regarding the audit conducted under paragraph 7#a74 7i7 ,updates to ,congress ,not later than #ij days after the date on which the ,assistant ,secretary establishes the grant program under subsection 7c71 and once every #cj days thereafter1 the ,assistant ,secretary 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 #djb4 ,minority business grants 7a7 ,in general ,the ,assistant ,secretary may award grants to minority business enterprises for the purpose of-- 7#a7 growing a minority business enterprise2 or 7#b7 helping a minority business enterprise to remain in business4 7b7 ,establishment of office ,the ,assistant ,secretary shall establish an office within the ,agency that has adequate staffing to award and administer grants under subsection 7a74 7c7 ,updates to ,congress ,not later than #abj days after the date of enactment of this ,act1 and once every #cj days thereafter1 the ,assistant ,secretary 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#a7-- 7,a7 the geographic distribution of those grants by ,state and county2 and 7,b7 with respect to each minority business enterprise to which such a grant is awarded-- 7i7 demographic information with respect to the minority business enterprise2 and 7ii7 information regarding the industry in which the minority business enterprise operates4 ,v ,administrative and other powers of the ,agency2 miscellaneous provisions #eja4 ,administrative powers 7a7 ,in general ,in carrying out this ,act1 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 appropriate to carry out this ,act2 7#c7 acquire1 in any lawful manner1 any property that the ,assistant ,secretary determines to be necessary or appropriate to carry out this ,act2 7#d7 make advance payments under grants1 contracts1 and cooperative agreements awarded under this ,act2 7#e7 with the consent of another ,federal agency1 enter into an agreement with that ,federal agency to utilize1 with or without reimbursement1 any service1 equipment1 personnel1 or facility of that ,federal agency2 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-- 7,a7 ensure consistency with the purposes of this ,act2 and 7,b7 avoid duplication of existing efforts2 and 7#h7 prescribe such rules1 regulations1 and procedures as the ,assistant ,secretary determines to be necessary or appropriate to carry out this ,act4 7b7 ,employment of certain experts and consultants 7#a7 ,in general ,in carrying out this ,act1 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 paragraph 7#a74 7c7 ,donation of property 7#a7 ,in general ,subject to paragraph 7#b71 in carrying out this ,act1 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 ,agency in carrying out this ,act4 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 paragraph 7#a74 #ejb4 ,federal assistance 7a7 ,in general 7#a7 ,provision of ,federal assistance ,to carry out sections #aja1 #ajb1 and #ajc7;a71 the ,assistant ,secretary may provide ,federal assistance to public sector entities and private sector entities in the form of grants or cooperative agreements4 7#b7 ,notice ,not later than #abj days after the date on which amounts are appropriated to carry out this section1 the ,assistant ,secretary shall1 in accordance with subsection 7b71 broadly publish a statement regarding ,federal assistance that will1 or may1 be provided under paragraph 7#a7 during the fiscal year for which those amounts are appropriated1 including-- 7,a7 the actual1 or anticipated1 amount of ,federal assistance that will1 or may1 be made available2 7,b7 the types of ,federal assistance that will1 or may1 be made available2 7,c7 the manner in which ,federal assistance will be allocated among public sector entities and private sector entities1 as applicable2 and 7,d7 the methodology used by the ,assistant ,secretary to make allocations under subparagraph 7,c74 7#c7 ,consultation ,the ,assistant ,secretary shall consult with public sector entities and private sector entities1 as applicable1 in deciding the amounts and types of ,federal assistance to make available under paragraph 7#a74 7b7 ,publicity ,in carrying out this section1 the ,assistant ,secretary shall broadly publicize all opportunities for ,federal assistance available under this section1 including through the means required under section #aae4 #ejc4 ,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 record that will facilitate an effective audit with respect to 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 assistance under this ,act that pertains to the assistance received by the recipient under this ,act4 #ejd4 ,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 #eje4 ,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 #ejf4 ,separability ,if a provision of this ,act1 or the application of a provision of this ,act to any person or circumstance1 is held by a court of competent jurisdiction to be invalid1 that judgment-- 7#a7 shall not affect1 impair1 or invalidate-- 7,a7 any other provision of this ,act2 or 7,b7 the application of this ,act to any other person or circumstance2 and 7#b7 shall be confined in its operation to-- 7,a7 the provision of this ,act with respect to which the judgment is rendered2 or 7,b7 the application of the provision of this ,act to each person or circumstance directly involved in the controversy in which the judgment is rendered4 #ejg4 ,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 #ejh4 ,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 #eji4 ,authorization of appropriations ,there are authorized to be appropriated to the ,assistant ,secretary not less than #ajj1jjj1jjj for fiscal year #bjba1 and each fiscal year thereafter1 to carry out this ,act4