text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Minority Business Development 
  Improvements Act of 2010''.
  
  SEC. 2. MINORITY BUSINESS DEVELOPMENT PROGRAM.
  
      The Director of the Minority Business Development Agency shall 
  establish the Minority Business Development Program (in this Act 
  referred to as the ``Program'') to assist qualified minority 
  businesses. The Program shall provide to such businesses the following:
              (1) Technical assistance.
              (2) Contract procurement assistance.
  
  SEC. 3. QUALIFIED MINORITY BUSINESS.
  
      (a) Certification.--For purposes of the Program, the Director may 
  certify as a qualified minority business any entity that satisfies each 
  of the following:
              (1) Not less than 51 percent of the entity is directly and 
          unconditionally owned or controlled by historically 
          disadvantaged individuals.
              (2) Each officer or other individual who exercises control 
          over the regular operations of the entity is a historically 
          disadvantaged individual.
              (3) The net worth of each principal of the entity is not 
          greater than $2,000,000. (The equity of a disadvantaged owner 
          in a primary personal residence shall be considered in this 
          calculation.)
              (4) The principal place of business of the entity is in the 
          United States.
              (5) Each principal of the entity maintains good character 
          in the determination of the Director.
              (6) The entity engages in competitive and bona fide 
          commercial business operations in not less than one sector of 
          industry that has a North American Industry Classification 
          System code.
              (7) The entity submits reports to the Director at such 
          time, in such form, and containing such information as the 
          Director may require.
              (8) Any additional requirements that the Director 
          determines appropriate.
      (b) Term of Certification.--A certification under this section 
  shall be for a term of 5 years and may not be renewed.
  
  SEC. 4. TECHNICAL ASSISTANCE.
  
      (a) In General.--In carrying out the Program, the Director may 
  provide to qualified minority businesses technical assistance with 
  regard to the following:
              (1) Writing business plans.
              (2) Marketing.
              (3) Management.
              (4) Securing sufficient financing for business operations.
      (b) Contract Authority.--The Director may enter into agreements 
  with persons to provide technical assistance under this section.
      (c) Authorization of Appropriations.--There are authorized to be 
  appropriated $200,000,000 to the Director to carry out this section. 
  Such sums shall remain available until expended.
  
  SEC. 5. SET-ASIDE CONTRACTING OPPORTUNITIES.
  
      (a) In General.--The Director may enter into agreements with the 
  United States Government and any department, agency, or officer thereof 
  having procurement powers for purposes of providing for the fulfillment 
  of procurement contracts and providing opportunities for qualified 
  minority businesses with regard to such contracts.
      (b) Qualifications on Participation.--The Director shall by rule 
  establish requirements for participation under this section by a 
  qualified minority business in a contract.
      (c) Annual Limit on Number of Contracts Per Qualified Minority 
  Business.--A qualified minority business may not participate under this 
  section in contracts in an amount that exceeds $10,000,000 for goods 
  and services each fiscal year.
      (d) Limits on Contract Amounts.--
              (1) Goods and services.--Except as provided in paragraph 
          (2), a contract for goods and services under this section may 
          not exceed $6,000,000.
              (2) Manufacturing and construction.--A contract for 
          manufacturing and construction services under this section may 
          not exceed $10,000,000.
  
  SEC. 6. TERMINATION FROM THE PROGRAM.
  
      The Director may terminate a qualified minority business from the 
  Program for any violation of a requirement of sections 3 through 5 of 
  this Act by that qualified minority business, including the following:
              (1) Conduct by a principal of the qualified minority 
          business that indicates a lack of business integrity.
              (2) Willful failure to comply with applicable labor 
          standards and obligations.
              (3) Consistent failure to tender adequate performance with 
          regard to contracts under the Program.
              (4) Failure to obtain and maintain relevant certifications.
              (5) Failure to pay outstanding obligations owed to the 
          Federal Government.
  
  SEC. 7. REPORTS.
  
      (a) Report of the Director.--Not later than October 1, 2011, and 
  annually thereafter, the Director shall submit to the Committee on 
  Energy and Commerce of the House of Representatives and the Committee 
  on Commerce, Science, and Transportation of the Senate a report 
  describing the activities of the Director during the preceding year 
  with respect to the Program.
      (b) Report of the Secretary of Commerce.--Not later than October 1, 
  2011, and annually thereafter, the Secretary of Commerce shall submit 
  to the Committee on Energy and Commerce of the House of Representatives 
  and the Committee on Commerce, Science, and Transportation of the 
  Senate a report describing the activities the Secretary engaged in 
  during the preceding year to build wealth among historically 
  disadvantaged individuals.
  
  SEC. 8. DEFINITIONS.
  
      In this Act:
              (1) Historically disadvantaged individual.--The term 
          ``historically disadvantaged individual'' means any individual 
          who is a member of a group that is designated as eligible to 
          receive assistance under section 1400.1 of title 15, Code of 
          Federal Regulations, as in effect on January 1, 2009.
              (2) Principal.--The term ``principal'' means any person 
          that the Director determines exercises significant control over 
          the regular operations of a business entity.
target: Minority Business Development Improvements Act of 2010 - Requires the Director of the Minority Business Development Agency to establish the Minority Business Development Program to provide qualified minority businesses with technical assistance and contract procurement assistance. Outlines minority business qualification requirements for the Program, including that: (1) not less than 51% of the entity be directly and unconditionally owned or controlled by historically disadvantaged individuals; and (2) each officer or other individual exercising control over regular operations is a historically disadvantaged individual. Outlines specific types of technical assistance authorized under the Program.
  
  Authorizes the Director to enter into agreements for the fulfillment of federal procurement contracts by, and contracting opportunities for, qualified minority businesses. Provides contract limits.
  
  Allows the Director to terminate a qualified minority business from the Program under specified circumstances.
feat_title: A bill to establish in the Department of Commerce the Minority Business Development Program to provide qualified minority businesses with technical assistance and contracting opportunities, and for other purposes.