II 

118TH CONGRESS 

1ST SESSION S. 3377 

To provide for disadvantaged business enterprise supportive services programs 

at modal administrations of the Department of Transportation, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 30, 2023 

Mr. PADILLA (for himself and Mr. WARNOCK) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To provide for disadvantaged business enterprise supportive 

services programs at modal administrations of the Department of Transportation, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Disadvantaged Busi5 ness Enterprise Supportive Services Expansion Act’’. 


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1 SEC. 2. INCREASE CAP FOR FEDERAL HIGHWAY ADMINIS2 TRATION DISADVANTAGED BUSINESS ENTER3 PRISE SUPPORTIVE SERVICES PROGRAM. 

4 (a) IN GENERAL.—Section 140(c) of title 23, United 

5 States Code, is amended, in the second sentence, by strik6 ing ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’. 

7 (b) CONFORMING AMENDMENT.—Section 104(a)(1) 

8 of title 23, United States Code, is amended by striking 

9 subparagraphs (C) through (E) and inserting the fol10 lowing: 

11 ‘‘(C) $525,799,671 for fiscal year 2024; 

12 ‘‘(D) $536,015,664 for fiscal year 2025; 

13 and 

14 ‘‘(E) $546,435,977 for fiscal year 2026.’’. 

15 SEC. 3. FEDERAL TRANSIT ADMINISTRATION DISADVAN16 TAGED BUSINESS ENTERPRISE SUPPORTIVE 

17 SERVICES PROGRAM. 

18 (a) IN GENERAL.—Section 5332 of title 49, United 

19 States Code, is amended by adding at the end the fol20 lowing: 

21 ‘‘(g) DISADVANTAGED BUSINESS ENTERPRISE SUP22 PORTIVE SERVICES PROGRAM.— 

23 ‘‘(1) IN GENERAL.—The Secretary, in coordina24 tion with the Administrator of the Federal Transit 

25 Administration, the Associate Administrator for Civil 

26 Rights of the Federal Transit Administration, other 


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1 Federal agencies, State agencies, authorities, asso2 ciations, institutions, Tribal governments, for profit 

3 or nonprofit corporations, and any other organiza4 tions or persons, including transit authorities and 

5 transit-specific organizations, may develop, conduct, 

6 and administer training programs and assistance 

7 programs in connection with any program under this 

8 chapter so that small business concerns owned and 

9 controlled by socially and economically disadvan10 taged individuals may achieve proficiency to com11 pete, on an equal basis, for contracts and sub12 contracts. 

13 ‘‘(2) FUNDING.—Of the amounts made avail14 able to carry out section 5314, the Secretary, in co15 ordination with the Administrator of the Federal 

16 Transit Administration, the Associate Administrator 

17 for Civil Rights of the Federal Transit Administra18 tion, shall use not more than $5,000,000 for each 

19 fiscal year to carry out this subsection. 

20 ‘‘(3) NONAPPLICABILITY OF CERTAIN PROVI21 SIONS.—Notwithstanding section 3106 of title 41, 

22 section 6101 of that title shall not be applicable to 

23 contracts and agreements entered into pursuant to 

24 paragraph (1).’’. 


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1 (b) FUNDING.—Section 5338(a) of title 49, United 

2 States Code, is amended— 

3 (1) in paragraph (1), by striking subparagraphs 

4 (C), (D), and (E) and inserting the following: 

5 ‘‘(C) $13,995,000,000 for fiscal year 2024; 

6 ‘‘(D) $14,284,000,000 for fiscal year 

7 2025; and 

8 ‘‘(E) $14,647,000,000 for fiscal year 

9 2026.’’; and 

10 (2) in paragraph (2)(H), by striking 

11 ‘‘$12,404,500 for fiscal year 2024, $12,660,748 for 

12 fiscal year 2025, and $12,982,608 for fiscal year 

13 2026’’ and inserting ‘‘$17,404,500 for fiscal year 

14 2024, $17,660,748 for fiscal year 2025, and 

15 $17,982,608 for fiscal year 2026’’. 

16 SEC. 4. FEDERAL AVIATION ADMINISTRATION SOCIALLY 

17 AND ECONOMICALLY DISADVANTAGED BUSI18 NESS PARTICIPATION SUPPORTIVE SERVICES 

19 PROGRAM. 

20 (a) IN GENERAL.—Section 47113 of title 49, United 

21 States Code, is amended by adding at the end the fol22 lowing: 

23 ‘‘(f) SOCIALLY AND ECONOMICALLY DISADVANTAGED

24 BUSINESS PARTICIPATION SUPPORTIVE SERVICES PRO25 GRAM.— 


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1 ‘‘(1) IN GENERAL.—The Secretary, in coordina2 tion with the Assistant Administrator of the Office 

3 of Civil Rights of the Federal Aviation Administra4 tion, may make agreements to provide assistance to 

5 an eligible entity described in paragraph (2) to de6 velop, conduct, and administer training programs 

7 and assistance programs in connection with any 

8 project to be carried out under a grant agreement 

9 under this subchapter in order that small business 

10 concerns owned and controlled by socially and eco11 nomically disadvantaged individuals may achieve 

12 proficiency to compete, on an equal basis, for con13 tracts and subcontracts related to such projects, and 

14 for Small Business Innovation Research contracts. 

15 ‘‘(2) ELIGIBLE ENTITIES DESCRIBED.—An eli16 gible entity described in this paragraph is any of the 

17 following: 

18 ‘‘(A) A State or territory. 

19 ‘‘(B) A political subdivision of a State or 

20 local government. 

21 ‘‘(C) A Tribal government. 

22 ‘‘(D) A special purpose district or public 

23 authority with an aviation function. 

24 ‘‘(E) A port authority. 

25 ‘‘(F) A metropolitan planning organization. 


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1 ‘‘(G) A group of entities described in any 

2 of subparagraphs (A) through (F). 

3 ‘‘(H) Any other profit or non-profit organi4 zation or group of organizations deemed appro5 priate by the Secretary. 

6 ‘‘(3) FUNDING.—From amounts available in the 

7 Airport and Airways Trust Fund established under 

8 section 9502 of the Internal Revenue Code of 1986, 

9 the Secretary, in cooperation with the Assistant Ad10 ministrator of the Office of Civil Rights of the Fed11 eral Aviation Administration, may use such sums as 

12 necessary, not to exceed $5,000,000 per fiscal year, 

13 for the administration of this subsection.’’. 

14 (b) EXPENDITURE AUTHORITY FROM AIRPORT AND

15 AIRWAY TRUST FUND.—Section 9502(d)(1)(A) of the In16 ternal Revenue Code of 1986 is amended by inserting ‘‘or 

17 section 47113(f) of title 49, United States Code’’ before 

18 the semicolon at the end. 

Æ 


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