SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Congressional findings on the importance of disadvantaged businesses. 
Sec. 4. Definitions. 
Sec. 5. Severability. 
TITLE I—DEPARTMENT OF TRANSPORTATION 
Sec. 101. Inflation adjustment to Department of Transportation net worth 
caps. 
Sec. 102. Update to Department of Transportation Disadvantaged Business 
Enterprise and ACDBE size standards. 
Sec. 103. Department of Transportation annual gross receipts timeline. 
Sec. 104. Definition of assets under Department of Transportation personal net 
worth test. 
Sec. 105. Additional funding for Department of Transportation minority re-
source center. 
Sec. 106. Improvements to Department of Transportation Disadvantaged Busi-
ness Enterprise and ACDBE mentor-prote´ge´ programs. 
Sec. 107. Department of Transportation Disadvantaged Business Enterprise 
and ACDBE certification universal recognition. 
Sec. 108. Incentives for excellence in Disadvantaged Business Enterprise pro-
grams and ACDBE programs. 
Sec. 109. Reporting requirements and standards for waivers and exemptions. 
Sec. 110. Advisory committee on disadvantaged business enterprises and 
ACDBEs. 
TITLE II—SMALL BUSINESS ADMINISTRATION 
Sec. 201. Update to small business concern disadvantaged business net worth 
caps. 
Sec. 202. Update to certain size standards under the Small Business Act. 
Sec. 203. Annual gross receipts timeline under the Small Business Act. 
Sec. 204. Definition of assets under the Small Business Act. 
Sec. 205. Small business development center partnerships with the Department 
of Transportation. 
Sec. 206. Small business development center partnerships with nonprofits. 
SEC. 3. CONGRESSIONAL FINDINGS ON THE IMPORTANCE 
OF DISADVANTAGED BUSINESSES. 
Congress finds the following: 
(1) While significant progress has occurred due 
to the establishment of the Disadvantaged Business 
Enterprise program of the Department of Transpor-
tation under section 11101(e) of the Infrastructure 
VerDate Sep 11 2014 
16:50 Jun 14, 2022
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H7866.IH
H7866
pamtmann on DSKBC07HB2PROD with BILLS
Investment and Jobs Act (Public Law 117–58), the 
ACDBE program of the Department of Transpor-
tation under part 23 of title 49, Code of Federal 
Regulations, and the Section 8(a) Business Develop-
ment Program of the Small Business Administration 
(established under section 8(a) of the Small Busi-
ness Act (15 U.S.C. 637)), discrimination and re-
lated barriers continue to pose significant obstacles 
for minority- and women-owned businesses seeking 
to do business in federally assisted transportation 
markets across the United States and through pro-
curement contracts of Federal agencies. 
(2) The continuing barriers described in para-
graph (1) merit the continuation of the Disadvan-
taged Business Enterprise program, the ACDBE 
program, and the Section 8(a) Business Develop-
ment Program. 
(3) Congress has received and reviewed testi-
mony and documentation of race and gender dis-
crimination from numerous sources, including con-
gressional hearings and roundtables, scientific re-
ports, reports issued by public and private agencies, 
news stories, reports of discrimination by organiza-
tions and individuals, and discrimination lawsuits, 
VerDate Sep 11 2014 
16:50 Jun 14, 2022
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H7866.IH
H7866
pamtmann on DSKBC07HB2PROD with BILLS
which show that race- and gender-neutral efforts 
alone are insufficient to address the problem. 
(4) Some examples of the sources described in 
paragraph (3) include the following: 
(A) The hearing of the Committee on 
Transportation and Infrastructure of the House 
of Representatives held on September 23, 2020, 
titled ‘‘Driving Equity: The U.S. Department of 
Transportation’s Disadvantaged Business En-
terprise Program’’. 
(B) The hearing of the Subcommittee on 
Contracting and Infrastructure of the Com-
mittee on Small Business of the House of Rep-
resentatives held on March 2, 2022, titled ‘‘The 
8(a) Program: Overview and Next Steps to Pro-
mote Small Business Success’’. 
(C) The 2017 Disparity Study of the Illi-
nois Department of Transportation. 
(D) The 2018 Disparity Study of the City 
of Denver. 
(5) The testimony and documentation described 
in paragraphs (3) and (4) demonstrate that dis-
crimination across the United States poses a barrier 
to full and fair participation of women business own-
ers and minority business owners in federally as-
VerDate Sep 11 2014 
16:50 Jun 14, 2022
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H7866.IH
H7866
pamtmann on DSKBC07HB2PROD with BILLS
sisted transportation markets and through procure-
ment contracts of Federal agencies and has im-
pacted the development of such businesses. 
(6) The testimony and documentation described 
in paragraphs (3) and (4) provide a strong basis 
that there is a compelling need for the continuation 
of Disadvantaged Business Enterprise program, the 
ACDBE program, and the Section 8(a) Business 
Development Program to address race and gender 
discrimination in federally assisted transportation 
markets and through procurement contracts of Fed-
eral agencies. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Small Busi-
ness Administration. 
(2) AIRPORT
CONCESSION
DISADVANTAGED 
BUSINESS ENTERPRISE.—The terms ‘‘Airport Con-
cession 
Disadvantaged 
Business 
Enterprise 
(ACDBE)’’ and ‘‘ACDBE’’ have the meaning given 
the term ‘‘Airport Concession Disadvantaged Busi-
ness Enterprise (ACDBE)’’ in part 23.3 of title 49, 
Code of Federal Regulations. 
VerDate Sep 11 2014 
16:50 Jun 14, 2022
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H7866.IH
H7866
pamtmann on DSKBC07HB2PROD with BILLS
(3) 
CONCERNED
OPERATING
ADMINISTRA-
TION.—The term ‘‘concerned operating administra-
tion’’ has the meaning given such term in part 26.5 
of title 49, Code of Federal Regulations. 
(4) DISADVANTAGED BUSINESS ENTERPRISE.— 
The term ‘‘Disadvantaged Business Enterprise’’ has 
the meaning given such term in part 26.5 of title 49, 
Code of Federal Regulations. 
(5) DISADVANTAGED
BUSINESS
ENTERPRISE 
ADVISORY COMMITTEE.—The term ‘‘Disadvantaged 
Business Enterprise Advisory Committee’’ means 
the committee established in section 110 of this Act. 
(6) PRIME
CONTRACTOR.—The term ‘‘prime 
contractor’’ has the meaning given such term in sec-
tion 8701(5) of title 41, United States Code. 
(7) RECIPIENT.—The term ‘‘recipient’’ has the 
meaning given such term in parts 23.3 and 26.5 of 
title 49, Code of Federal Regulations. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(9) SMALL
BUSINESS
DEVELOPMENT
CEN-
TER.—The term ‘‘small business development cen-
ter’’ has the meaning given such term in section 3 
of the Small Business Act (15 U.S.C. 632). 
VerDate Sep 11 2014 
16:50 Jun 14, 2022
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H7866.IH
H7866
pamtmann on DSKBC07HB2PROD with BILLS
(10) SMALL
BUSINESS
TRANSPORTATION
RE-
SOURCE CENTER.—The term ‘‘small business trans-
portation resource center’’ means an entity funded 
by the Office of Small and Disadvantaged Business 
Utilization of the Department of Transportation 
that provides an array of technical assistance to 
build the capacity of small disadvantaged transpor-
tation businesses. 
SEC. 5. SEVERABILITY. 
If any provision of this Act, an amendment made by 
this Act, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of this Act and the amendments 
made by this Act, and the application of such remainder 
to any person or circumstance shall not be affected. 
TITLE I—DEPARTMENT OF 
TRANSPORTATION 
SEC. 101. INFLATION ADJUSTMENT TO DEPARTMENT OF 
TRANSPORTATION NET WORTH CAPS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall issue such regulations as are necessary to in-
crease the personal net worth cap contained in parts 23 
and 26 of title 49, Code of Federal Regulations, to account 
for any inflation that has occurred since the net worth 
VerDate Sep 11 2014 
16:50 Jun 14, 2022
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H7866.IH
H7866
pamtmann on DSKBC07HB2PROD with BILLS
cap under such parts was increased in the rule submitted 
by the Department of Transportation issued on January 
28, 2011, titled ‘‘Disadvantaged Business Enterprise: 
Program Improvements’’ (76 Fed. Reg. 5083). 
(b) PARAMETERS.—In carrying out subsection (a), 
the Secretary shall— 
(1) use the consumer price index published by 
the Bureau of Labor Statistics as the inflation met-
ric; and 
(2) account for any inflation that occurred in 
the time period between the final effective date of 
the rule submitted by the Department of Transpor-
tation issued on January 28, 2011, titled ‘‘Dis-
advantaged Business Enterprise: Program Improve-
ments’’ (76 Fed. Reg. 5083) and the final effective 
date of any rule issued pursuant to subsection (a). 
(c) ADDITIONAL INFLATION ADJUSTMENTS.—The 
Secretary of Transportation shall issue such regulations 
as are necessary to update parts 23 and 26 of title 49, 
United States Code, to establish an interval in accordance 
with this section to make additional adjustments, after the 
adjustment under subsection (a), to the net worth caps 
for determining social and economic disadvantage for in-
flation. 
VerDate Sep 11 2014 
16:50 Jun 14, 2022
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H7866.IH
H7866
pamtmann on DSKBC07HB2PROD with BILLS
(d) INTERVAL.—The interval for adjusting the net 
worth caps described in subsection (c) shall be the same 
annual interval that the Administrator adjusts the net 
worth caps for the Small Business Administration under 
section 201(b). 
(e) FIRST ADDITIONAL ADJUSTMENT.—The first ad-
ditional inflation adjustment under subsection (c) shall 
occur at the same time the Administrator carries out the 
first adjustment under section 201(b)(1). 
(f) METRIC.—The Secretary shall use the same infla-
tion metric under subsection (c) that the Administrator 
chooses under section 201(b). 
SEC. 102. UPDATE TO DEPARTMENT OF TRANSPORTATION 
DISADVANTAGED 
BUSINESS 
ENTERPRISE 
AND ACDBE SIZE STANDARDS. 
(a) HIGHWAYS AND TRANSIT SMALL BUSINESS CON-
CERN DEFINITION.—Section 11101(e)(2)(A) of the Infra-
structure Investment and Jobs Act (Public Law 117–58) 
is amended to read as follows: 
‘‘(A) SMALL
BUSINESS
CONCERN.—The 
term ‘small business concern’ has the meaning 
given the term in section 3 of the Small Busi-
ness Act (15 U.S.C. 632).’’. 
VerDate Sep 11 2014 
16:50 Jun 14, 2022
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H7866.IH
H7866
pamtmann on DSKBC07HB2PROD with BILLS
(b) AVIATION SMALL BUSINESS CONCERN DEFINI-
TION.—Section 47113(a)(1) of title 49, United States 
Code, is amended to read as follows: 
‘‘(1) ‘small business concern’ has the meaning 
given the term in section 3 of the Small Business 
Act (15 U.S.C. 632);’’. 
(c) RULEMAKING.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary shall issue 
or amend such rules as are necessary to carry out the 
amendment made by this section. 
SEC. 103. DEPARTMENT OF TRANSPORTATION ANNUAL 
GROSS RECEIPTS TIMELINE. 
(a) FHWA AND FTA GROSS RECEIPTS TIMELINE.— 
Section 11101(e)(2)(A)(ii) of the Infrastructure Invest-
ment and Jobs Act (Public Law 117–58) is amended by 
striking ‘‘during the proceeding 3 fiscal years’’ and insert-
ing ‘‘during the proceeding 7 fiscal years’’. 
(b) FAA GROSS RECEIPTS TIMELINE.—The Sec-
retary of Transportation shall issue such regulations as 
are necessary to update the gross receipts timeline con-
tained in part 23.33 of title 49, Code of Federal Regula-
tions, from 3 years to 7 years for the purposes of a firm 
being certified as an ACDBE. 
(c) EFFECTIVE DATE.—The amendment in sub-
section (a) shall be treated as if such amended was in-
VerDate Sep 11 2014 
16:50 Jun 14, 2022
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H7866.IH
H7866
pamtmann on DSKBC07HB2PROD with BILLS
cluded on the date of enactment of the Infrastructure In-
vestment and Jobs Act (Public Law 117–58). 
(d) RULEMAKING.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall issue 
such regulations as are necessary to carry out the amend-
ment made by this section. 
SEC. 104. DEFINITION OF ASSETS UNDER DEPARTMENT OF 
TRANSPORTATION PERSONAL NET WORTH 
TEST. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall issue 
such regulations as are necessary to update the assets ex-
cluded in the personal net worth test contained in parts 
23.3 and 26.67 of title 49, Code of Federal Regulations, 
to match the assets excluded in the computation of net 
worth under Section 8(a)(6)(E) of the Small Business Act 
(15 U.S.C. 637(a)(6)(E)), as amended by section 204 of 
this Act. 
SEC. 105. ADDITIONAL FUNDING FOR DEPARTMENT OF 
TRANSPORTATION 
MINORITY 
RESOURCE 
CENTER. 
(a) IMPROVEMENTS TO MINORITY RESOURCE CEN-
TER.—Section 332 of title 49, United States Code, is 
amended— 
(1) in subsection (b)— 
VerDate Sep 11 2014 
16:50 Jun 14, 2022
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H7866.IH
H7866
pamtmann on DSKBC07HB2PROD with BILLS
(A) in paragraph (6) by striking ‘‘and’’ at 
the end; 
(B) by redesignating paragraph (7) as 
paragraph (8); and 
(C) by inserting after paragraph (6) the 
following: 
‘‘(7) establish a goal of having a small business 
transportation resource center in every State; and’’; 
and 
(2) in subsection (e)(2) by striking ‘‘such sums 
as may be necessary for fiscal years 2005 through 
2009’’ and inserting ‘‘$25,000,000 for each of fiscal 
years 2023 through 2027’’. 
(b) USE OF FUNDING.—The Secretary shall use any 
additional funding appropriated under section 332 of title 
49, United States Code, to— 
(1) establish additional small business transpor-
tation resource centers with the goal of having 1 in 
each State; and 
(2) provide additional funding to existing small 
business transportation resource centers to augment 
the activities of the center so the center can reach 
more disadvantaged businesses. 
VerDate Sep 11 2014 
16:50 Jun 14, 2022
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H7866.IH
H7866
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 106. IMPROVEMENTS TO DEPARTMENT OF TRANSPOR-
TATION DISADVANTAGED BUSINESS ENTER-
PRISE AND ACDBE MENTOR-PROTE´ GE´
PRO-
GRAMS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall issue 
such regulations as are necessary to update parts 23 and 
26.35 of title 49, Code of Federal Regulations (or a suc-
cessor regulation) to require covered large recipients with 
Disadvantaged Business Enterprise programs or ACDBE 
programs to have a mentor-prote´ge´ program. 
(b) QUALITY CONTROL STANDARDS.—Not later than 
2 years after the date of enactment of this Act, the Sec-
retary shall issue or update regulations regarding min-
imum quality standards or certain items that shall be in-
cluded in mentor-prote´ge´ programs in order for such pro-
grams to qualify under subsection (a), including— 
(1) ensuring that any mentor-prote´ge´ program 
results in the increase or success of a prote´ge´ in— 
(A) capital base, including— 
(i) working capital; 
(ii) depreciated value of equipment 
owned or leased; 
(iii) payroll; 
(iv) overhead; 
(v) material expensed; 
VerDate Sep 11 2014 
16:50 Jun 14, 2022
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H7866.IH
H7866
pamtmann on DSKBC07HB2PROD with BILLS
(vi) overhead expensed; 
(vii) net profit; and 
(viii) available credit; 
(B) bonding limits, by job and in the ag-
gregate; 
(C) value of current and future work; 
(D) success in getting profitable work out-
side any government or other procurement pro-
gram for small, minority, women, or disadvan-
taged business enterprises; 
(E) retention of reliable and productive 
employees; 
(F) customer loyalty resulting in repeat 
business; and 
(G) any other area determined by the Sec-
retary; and 
(2) ensuring that any mentorship-prote´ge´ pro-
gram demonstrates overall success in— 
(A) higher than average survival rate for 
prote´ge´s; 
(B) continuous improvement in the finan-
cial strength and bonding capacity of prote´ge´s; 
(C) consistent success in meeting the ob-
jectives included in each prote´ge´’s individual 
business plan; 
VerDate Sep 11 2014 
16:50 Jun 14, 2022
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H7866.IH
H7866
pamtmann on DSKBC07HB2PROD with BILLS
(D) a high rate of successful transition out 
of the program; and 
(E) any other area determined by the Sec-
retary. 
(c) AUDITING.— 
(1) IN GENERAL.—The Secretary shall periodi-
cally audit the mentor-prote´ge´ programs of recipi-
ents to ensure such programs are meeting the qual-
ity control standards set under subsection (c). 
(2) USE
OF
INFORMATION.—The findings of 
the audits under paragraph (1) shall inform any up-
dates to the quality control standards that the Sec-
retary issues under this section. 
(d) COMPLIANCE.—In carrying out this section, the 
Secretary shall issue such regulations as are necessary to 
update parts 23 and 26 of title 49, Code of Federal Regu-
lations, to make clear that a Disadvantaged Business En-
terprise program or ACDBE program of a covered large 
recipient is not in compliance with this section unless such 
recipient’s Disadvantaged Business Enterprise program or 
ACDBE program has the required mentor-prote´ge´ pro-
gram and such program complies with all requirements 
or regulations established by the concerned operating ad-
ministration or Secretary, including any quality control 
standards established under subsection (c). 
VerDate Sep 11 2014 
16:50 Jun 14, 2022
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H7866.IH
H7866
pamtmann on DSKBC07HB2PROD with BILLS
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to carry out this section $10,000,000 for each 
of fiscal years 2023 through 2027, of which— 
(1) $3,000,000 for each fiscal year shall be for 
the Secretary to carry out the quality control, audit-
ing, and compliance activities required under this 
section; and 
(2) $7,000,000 for each fiscal year shall be for 
the Secretary to assist recipients with setting up, 
improving, and carrying out mentor-prote´ge´ pro-
grams. 
(f) COVERED LARGE RECIPIENTS DEFINED.—In this 
section, the term ‘‘covered large recipients’’ means— 
(1) a State department of Transportation; 
(2) large public transportation and regional 
transportation agencies, as defined by the Secretary; 
(3) any recipient of airport funds authorized 
under section 47101 of title 49, United States Code, 
that operates a large hub airport (as such term is 
defined in section 47102(11) of title 49, United 
States Code); and 
(4) recipients that are similar in size and pur-
pose to recipients described in paragraphs (1) 
through (3), as determined by the Secretary. 
VerDate Sep 11 2014 
16:50 Jun 14, 2022
Jkt 029200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H7866.IH
H7866
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 107. DEPARTMENT OF TRANSPORTATION DISADVAN-
TAGED BUSINESS ENTERPRISE AND ACDBE 
CERTIFICATION UNIVERSAL RECOGNITION. 
(a) UNIVERSAL CERTIFICATION RECOGNITION.—Not 
later than 2 years after the date of the enactment of this 
Act, the Secretary shall issue such regulations as are nec-
essary to update parts 23 and 26 of title 49, Code of Fed-
eral Regulations, (or a successor regulation) to require 
States and recipients to recognize a certification issued by 
another State to a business recognizing such business as 
a Disadvantaged Business Enterprise or an ACDBE with-
out further procedures. 
(b) CERTIFICATION CRITERIA.—In certifying a busi-
ness as a Disadvantaged Business Enterprise or an 
ACDBE, a State shall meet any requirements that the 
Secretary establishes under section 11101(e)(5) of the In-
frastructure Investment and Jobs Act (Public Law 117– 
58). 
(c) SECRETARY AUTHORITY.—The Secretary shall 
have the authority to regulate certain items or issue stand-
ards that any recipient’s Disadvantaged Business Enter-
prise program or ACDBE program shall meet as part of 
universal certification recognition under this section, in-
cluding— 
(1) the transportation contracts that a Dis-
advantaged Business Enterprise or ACDBE shall 
VerDate Sep 11 2014 
16:50 Jun 14, 2022
Jkt 029200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H7866.IH
H7866
pamtmann on DSKBC07HB2PROD with BILLS