article: 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.
summary: 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.