[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2507 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2507
To amend the FAA Modernization and Reform Act of 2012 and title 49,
United States Code, with respect to disadvantaged business enterprises,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 6, 2023
Ms. Moore of Wisconsin introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend the FAA Modernization and Reform Act of 2012 and title 49,
United States Code, with respect to disadvantaged business enterprises,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. INSPECTOR GENERAL REPORT ON PARTICIPATION IN FAA PROGRAMS BY
DISADVANTAGED SMALL BUSINESS CONCERNS.
Section 140 of the FAA Modernization and Reform Act of 2012 is
amended--
(1) in subsection (c)--
(A) in paragraph (1) by striking ``each of fiscal
years 2013 through 2018'' and inserting ``fiscal year
2024 and periodically thereafter''; and
(B) in paragraph (3)(A) by striking ``a list'' and
inserting ``with respect to the large- and medium-hub
airports in the United States that participate in the
airport disadvantaged business enterprise program
referenced in subsection (a), a list''; and
(2) by adding at the end the following:
``(d) Assessment of Efforts.--The Inspector General shall assess
the efforts of the Federal Aviation Administration with respect to
implementing recommendations suggested in reports submitted under
subsection (c) and shall include in each semiannual report of the
Inspector General that is submitted to Congress a description of the
results of such assessment.''.
SEC. 2. MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION.
Section 47113 of title 49, United States Code, is amended--
(1) in subsection (c)--
(A) by striking ``The Secretary shall'' and
inserting the following:
``(1) In general.--The Secretary shall''; and
(B) by adding at the end the following:
``(2) Consistency of information.--The Secretary shall
develop and maintain a training program--
``(A) for employees of the Federal Aviation
Administration who provide guidance and training to
entities that certify whether a small business concern
qualifies under this section (and for employees of the
other modal administrations of the Department of
Transportation who provide similar services); and
``(B) that ensures Federal officials provide
consistent communications with respect to certification
requirements.
``(3) Lists of certifying authorities.--The Secretary shall
ensure that each State maintains an accurate list of the
certifying authorities in such State for purposes of this
section and that the list is--
``(A) updated at least twice each year; and
``(B) made available to the public.'';
(2) in subsection (e) by adding at the end the following:
``(4) Reporting.--The Secretary shall determine, for each
fiscal year, the number of individuals who received training
under this subsection and shall make such number available to
the public on an appropriate website operated by the Secretary.
If the Secretary determines, with respect to a fiscal year,
that fewer individuals received training under this subsection
than in the previous fiscal year, the Secretary shall submit to
Congress, and make available to the public on an appropriate
website operated by the Secretary, a report describing the
reasons for the decrease.
``(5) Assessment.--Not later than 2 years after the date of
enactment of this paragraph, and every 2 years thereafter, the
Secretary shall assess the training program, including by
soliciting feedback from stakeholders, and update the training
program as appropriate.''; and
(3) by adding at the end the following:
``(f) Trend Assessment.--
``(1) In general.--Not later than 2 years after the date of
enactment of this subsection, and at least every 2 years
thereafter, the Secretary shall study, using information
reported by airports, trends in the participation of small
business concerns referred to in subsection (b).
``(2) Contents.--The study under paragraph (1) shall
include--
``(A) an analysis of whether the participation of
small business concerns referred to in subsection (b)
at reporting airports increased or decreased during the
period studied, including for such concerns that were
first time participants;
``(B) an analysis of the factors relating to any
significant increases or decreases in participation
compared to prior years; and
``(C) development of a plan to respond to the
results of the study, including development of
recommendations for sharing best practices for
maintaining or boosting participation.
``(3) Reporting.--For each study completed under paragraph
(1), the Secretary shall submit to Congress, and make available
to the program contact at each airport that participates in the
airport disadvantaged business enterprise program, a report
describing the results of the study.''.
SEC. 3. PASSENGER FACILITY CHARGES.
Section 40117(c) of title 49, United States Code, is amended by
adding at the end the following:
``(5) With respect to an application under this subsection that
relates to an airport that participates in the airport disadvantaged
business enterprise program referenced in section 140(a) of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 47113 note), the
application shall include a detailed description of good faith efforts
at the airport to contract with disadvantaged business enterprises in
relation to any project that is a subject of the application and to
ensure that all small businesses, including those owned by veterans,
fairly compete for work funded with passenger facility charges.''.
SEC. 4. ANNUAL TRACKING OF CERTAIN NEW FIRMS AT AIRPORTS WITH A
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM.
(a) Tracking Required.--Beginning in fiscal year 2024, and each
fiscal year thereafter, the Administrator of the Federal Aviation
Administration shall require each covered airport to report to the
Administrator on the number of new disadvantaged business enterprises
that were awarded a contract or concession during the previous fiscal
year at the airport.
(b) Training.--The Administrator shall provide training to
airports, on an ongoing basis, with respect to compliance with
subsection (a).
(c) Reporting.--During the first fiscal year beginning after the
date of enactment of this Act and every fiscal year thereafter, the
Administrator shall update dbE-Connect (or any successor online
reporting system) to include information on the number of new
disadvantaged business enterprises that were awarded a contract or
concession during the previous fiscal year at a covered airport.
(d) Covered Airport Defined.--In this section, the term ``covered
airport'' means a large- or medium-hub airport that participates in the
airport disadvantaged business enterprise program referenced in section
140(a) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 47113
note).
SEC. 5. AUDITS.
The Inspector General of the Department of Transportation shall
conduct periodic audits regarding the accuracy of the data on
disadvantaged business enterprises contained in the Federal Aviation
Administration's reporting database related to such enterprises or any
similar or successor online reporting database developed by the
Administration.
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