II 

117TH CONGRESS 

2D SESSION S. 3929 

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 

MARCH 24, 2022 

Mr. PADILLA (for himself, Mr. MENENDEZ, and Mr. WARNOCK) introduced 

the following bill; which was read twice and referred to the Committee 

on Environment and Public Works 

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 (A) through (E) and inserting the fol10 lowing: 

11 ‘‘(A) $505,964,697 for fiscal year 2022; 

12 ‘‘(B) $515,783,991 for fiscal year 2023; 

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

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

15 and 

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

17 SEC. 3. FEDERAL TRANSIT ADMINISTRATION DISADVAN18 TAGED BUSINESS ENTERPRISE SUPPORTIVE 

19 SERVICES PROGRAM. 

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

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

23 ‘‘(g) DISADVANTAGED BUSINESS ENTERPRISE SUP24 PORTIVE SERVICES PROGRAM.— 

25 ‘‘(1) IN GENERAL.—The Secretary, in coopera26 tion with other Federal agencies, State agencies, auVerDate Sep 11 2014 22:24 Mar 25, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3929.IS S3929

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1 thorities, associations, institutions, Tribal govern2 ments, for profit or nonprofit corporations, and any 

3 other organizations or persons, may develop, con4 duct, and administer training programs and assist5 ance programs in connection with any program 

6 under this chapter so that small business concerns 

7 owned and controlled by socially and economically 

8 disadvantaged individuals may achieve proficiency to 

9 compete, on an equal basis, for contracts and sub10 contracts. 

11 ‘‘(2) FUNDING.—Of the amounts made avail12 able to carry out section 5314, the Secretary shall 

13 use not more than $5,000,000 for each fiscal year 

14 to carry out this subsection. 

15 ‘‘(3) NONAPPLICABILITY OF CERTAIN PROVI16 SIONS.—Notwithstanding section 3106 of title 41, 

17 section 6101 of that title shall not be applicable to 

18 contracts and agreements entered into pursuant to 

19 paragraph (1).’’. 

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

21 States Code, is amended— 

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

23 (B) through (E) and inserting the following: 

24 ‘‘(B) $13,639,000,000 for fiscal year 2023; 

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


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

2 2025; and 

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

4 2026.’’; and 

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

6 ‘‘$12,088,846 for fiscal year 2023, $12,404,500 for 

7 fiscal year 2024, $12,660,748 for fiscal year 2025, 

8 and $12,982,608 for fiscal year 2026’’ and inserting 

9 ‘‘$17,088,846 for fiscal year 2023, $17,404,500 for 

10 fiscal year 2024, $17,660,748 for fiscal year 2025, 

11 and $17,982,608 for fiscal year 2026’’. 

12 SEC. 4. FEDERAL AVIATION ADMINISTRATION SOCIALLY 

13 AND ECONOMICALLY DISADVANTAGED BUSI14 NESS PARTICIPATION SUPPORTIVE SERVICES 

15 PROGRAM. 

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

17 States Code, is amended by adding at the end the fol18 lowing: 

19 ‘‘(f) SOCIALLY AND ECONOMICALLY DISADVANTAGED

20 BUSINESS PARTICIPATION SUPPORTIVE SERVICES PRO21 GRAM.— 

22 ‘‘(1) IN GENERAL.—The Secretary, in coopera23 tion with the Assistant Administrator of the Office 

24 of Civil Rights of the Federal Aviation Administra25 tion, may make agreements to provide assistance to 


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1 an eligible entity described in paragraph (2) to de2 velop, conduct, and administer training programs 

3 and assistance programs in connection with any 

4 project carried out under a grant agreement under 

5 this subchapter in order that small business con6 cerns owned and controlled by socially and economi7 cally disadvantaged individuals may achieve pro8 ficiency to compete, on an equal basis, for contracts 

9 and subcontracts related to such projects, and for 

10 Small Business Innovation Research contracts. 

11 ‘‘(2) ELIGIBLE ENTITIES DESCRIBED.—An eli12 gible entity described in this paragraph is any of the 

13 following: 

14 ‘‘(A) A State or territory. 

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

16 local government. 

17 ‘‘(C) A Tribal government. 

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

19 authority with an aviation function. 

20 ‘‘(E) A port authority. 

21 ‘‘(F) A metropolitan planning organization. 

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

23 of subparagraphs (A) through (F). 


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1 ‘‘(H) Any other profit or non-profit organi2 zation or group of organizations deemed appro3 priate by the Secretary. 

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

5 Airport and Airways Trust Fund established under 

6 section 9502 of the Internal Revenue Code of 1986, 

7 the Secretary, in cooperation with the Assistant Ad8 ministrator of the Office of Civil Rights of the Fed9 eral Aviation Administration, may use such sums as 

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

11 for the administration of this subsection.’’. 

12 (b) EXPENDITURE AUTHORITY FROM AIRPORT AND

13 AIRWAY TRUST FUND.—Section 9502(d)(1)(A) of the In14 ternal Revenue Code of 1986 is amended by inserting ‘‘or 

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

16 the semicolon at the end. 

Æ 


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