(4) REPORT
TO
CONGRESS.—The Commission
shall provide an annual report to Congress, beginning
in January 1995, on the progress of activities under-
taken by each provider of telecommunications services
regarding the implementation of activities pursuant
to this title to develop business enterprises that are
owned by minorities or women. The report shall
evaluate the accomplishments under this title and
shall recommend a program for enhancing the policy
declared in this title, together with such recommenda-
tions for legislation as it deems necessary or desirable
to further that policy.
(b) REGULATIONS AND CRITERIA FOR DETERMINING
ELIGIBILITY OF MINORITY BUSINESS ENTERPRISES FOR
PROCUREMENT CONTRACTS.—
(1) IN GENERAL.—The Commission shall estab-
lish regulations for implementing programs pursuant
to this title that will govern providers of telecommuni-
cations services and their affiliates.
(2) 
VERIFYING
CRITERIA.—The 
Commission
shall develop and publish regulations setting forth cri-
teria for verifying and determining the eligibility of
business enterprises that are owned by minorities or
women for procurement contracts.
(3) OUTREACH.—The Commission’s regulations
shall require each provider of telecommunications
services and its affiliates to develop and to implement
an outreach program to inform and recruit business
enterprises that are owned by minorities or women to
apply for procurement contracts under this title.
(4) ENFORCEMENT.—The Commission shall es-
tablish and promulgate such regulations necessary to
enforce the provisions of this title.
(c) WAIVER AUTHORITY.—The requirements of this
section may be waived, in whole or in part, by the Commis-
sion with respect to a particular contract or subcontract
in accordance with guidelines set forth in regulations which
the Commission shall prescribe when it determines that the
application of such regulations prove to result in undue
hardship or unreasonable expense to a provider of tele-
communications services.
SEC. 304. SANCTIONS AND REMEDIES.
(a) FALSE REPRESENTATION OF BUSINESSES; SANC-
TIONS.—
(1) IN GENERAL.—Any person or corporation,
through its directors, officers, or agent, which falsely
represents the business as a business enterprise that
are owned by minorities or women in the procure-
ment or attempt to procure contracts from telephone
operating companies and their affiliates pursuant to
this article, shall be punished by a fine of not more
than $5,000, or by imprisonment for a period not to
exceed 5 years of its directors, officers, or agents re-
sponsible for the false statements, or by both fine and
imprisonment.
(2) HOLDING COMPANIES.—Any provider of tele-
communications services which falsely represents its
annual report to the Commission or its implementa-
tion of its programs pursuant to this section shall be
subject to a fine of $100,000 and be subject to a pen-
alty of up to 5 years restriction from participation
in lines of business activities provided for in this
title.
(b) INDEPENDENT CAUSE OF ACTION, REMEDIES, AND
ATTORNEY FEES.—
(1) DISCRIMINATION PROHIBITED.—No otherwise
qualified business enterprise that is owned by minori-
ties or women shall solely, by reason of its racial, eth-
nic, or gender composition be excluded from the par-
ticipation in, be denied the benefits of, or be subjected
to discrimination in procuring contracts from tele-
phone utilities.
(2) CIVIL ACTIONS AUTHORIZED.—Whenever a
qualified business enterprise that is owned by minori-
ties or women has reasonable cause to believe that a
provider of telecommunications services or its affiliate
is engaged in a pattern or practice of resistance to the
full compliance of any provision of this title, the busi-
ness enterprise may bring a civil action in the appro-
priate district court of the United States against the
provider of telecommunications services or its affiliate
requesting such monetary or injunctive relief, or both,
as deemed necessary to ensure the full benefits of this
title.
(3) ATTORNEYS’ FEES AND COSTS.—In any ac-
tion or proceeding to enforce or charge of a violation
of a provision of this title, the court, in its discretion,
may allow the prevailing party reasonable attorneys’
fees and costs.
SEC. 305. DEFINITIONS.
For the purpose of this title, the following definitions
apply:
(1) The term ‘‘business enterprise owned by mi-
norities or women’’ means—
(A) a business enterprise that is at least 51
percent owned by a person or persons who are
minority persons or women; or
(B) in the case of any publicly owned busi-
ness, at least 51 percent of the stock of which is
owned by one or more persons who are minority
persons or women, and whose management and
daily business operations are controlled by one
or more of those persons.
(2) The term ‘‘minority person’’ means persons
who are Black Americans, Hispanic Americans, Na-
tive Americans, Asian Americans, and Pacific Ameri-
cans.
(3) The term ‘‘control’’ means exercising the
power to make financial and policy decisions.
(4) The term ‘‘operate’’ means the active involve-
ment in the day-to-day management of the business
and not merely being officers or directors.
(5) The term ‘‘Commission’’ means the Federal
Communications Commission.
(6) The term ‘‘telecommunications service’’ has
the meaning provided in section 3(mm) of the Com-
munications Act of 1934 (as added by this Act).
TITLE 
IV—FEDERAL 
COMMU-
NICATIONS COMMISSION RE-
SOURCES
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—In addition to any other sums au-
thorized by law, there are authorized to be appropriated to
the Federal Communications Commission such sums as
may be necessary to carry out this Act and the amendments
made by this Act.
(b) EFFECT
ON
FEES.—For purposes of section
9(b)(2), additional amounts appropriated pursuant to sub-
section (a) shall be construed to be changes in the amounts
appropriated for the performance of activities described in
section 9(a).
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