I 
118TH CONGRESS 
1ST SESSION 
H. R. 832 
To amend title 49, United States Code, to direct the Secretary of Transpor-
tation to strengthen and advance certain disadvantaged businesses, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 6, 2023 
Mr. GARCI´A of Illinois (for himself and Mr. JOHNSON of Georgia) introduced 
the following bill; which was referred to the Committee on Transportation 
and Infrastructure, and in addition to the Committee on Small Business, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To amend title 49, United States Code, to direct the Sec-
retary of Transportation to strengthen and advance cer-
tain disadvantaged businesses, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Giving Disadvantaged 
Businesses Opportunities for Success Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
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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. 
Sec. 6. Inflation adjustment to Department of Transportation net worth caps. 
Sec. 7. Update to Department of Transportation Disadvantaged Business En-
terprise and ACDBE size standards. 
Sec. 8. Definition of assets under Department of Transportation personal net 
worth test. 
Sec. 9. Additional funding for Department of Transportation Minority Resource 
Center. 
Sec. 10. Improvements to Department of Transportation Disadvantaged Busi-
ness Enterprise and ACDBE mentor-prote´ge´ programs. 
Sec. 11. Department of Transportation Disadvantaged Business Enterprise and 
ACDBE certification universal recognition. 
Sec. 12. Incentives for excellence in Disadvantaged Business Enterprise pro-
grams and ACDBE programs. 
Sec. 13. Reporting requirements and standards for waivers and exemptions. 
Sec. 14. Advisory committee on disadvantaged business enterprises and 
ACDBEs. 
Sec. 15. Definition of assets under the Small Business Act. 
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 
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 
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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, 
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 
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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-
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 the Disadvantaged Business Enterprise program, 
the ACDBE program, and the Section 8(a) Business 
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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. 
(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. 
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(5) DISADVANTAGED
BUSINESS
ENTERPRISE 
ADVISORY COMMITTEE.—The term ‘‘Disadvantaged 
Business Enterprise Advisory Committee’’ means 
the committee established in section 109 of this Act. 
(6) PRIME
CONTRACTOR.—The term ‘‘prime 
contractor’’ has the meaning given such term in sec-
tion 8701 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). 
(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. 
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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. 
SEC. 6. 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 
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 
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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. 
(d) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Administrator shall up-
date part 124 of title 13, Code of Federal Regulations, 
with respect to the maximum net worth of an individual 
claiming economic disadvantage to be equal to the net 
worth cap established by the Secretary of Transportation 
under section 6. 
(e) ADJUSTMENT.— 
(1) INTERVAL.—On the first January 1 that is 
2 years after the date on which the Administrator 
makes the update described in subsection (d), and 
annually thereafter, the Administrator shall adjust 
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the maximum net worth described in subsection (d) 
for inflation using a metric developed by the Admin-
istrator. 
(2) METRIC.—In developing the metric de-
scribed in paragraph (1) to account for inflation, the 
Administrator shall— 
(A) consider using the Consumer Price 
Index published by the Bureau of Labor Statis-
tics in such metric; 
(B) solicit and consider the recommenda-
tions of the Secretary of Transportation; and 
(C) solicit and consider public comment on 
the appropriate metric to use and whether such 
metric should take into account regional vari-
ations in maximum net worth. 
(3) FINAL RULE ON INFLATION METRIC.—Not 
later than 1 year after the Administrator solicits 
public comment pursuant to paragraph (2), the Ad-
ministrator shall issue a final rule describing the 
metric developed under this paragraph. 
(f) 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 
subsection (e). 
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(g) 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 subsection (e). 
(h) METRIC.—The Secretary shall use the same infla-
tion metric under subsection (c) that the Administrator 
chooses under subsection (e). 
SEC. 7. 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 under section 3 of the Small 
Business Act (15 U.S.C. 632).’’. 
(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 under section 3 of the Small Busi-
ness Act (15 U.S.C. 632);’’. 
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(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. 8. 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 15. 
SEC. 9. 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)— 
(A) in paragraph (6) by striking ‘‘and’’ at 
the end; 
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(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 each of fiscal years 2005 
through 2009’’ and inserting ‘‘$25,000,000 for each 
of fiscal years 2024 through 2028’’. 
(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. 
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SEC. 10. 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 an increase to or success of a prote´ge´ with 
respect to— 
(A) capital base, including— 
(i) working capital; 
(ii) depreciated value of equipment 
owned or leased; 
(iii) payroll; 
(iv) overhead; 
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(v) material expensed; 
(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; 
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(C) consistent success in meeting the ob-
jectives included in each prote´ge´’s individual 
business plan; 
(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 (b). 
(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 
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or regulations established by the concerned operating ad-
ministration or Secretary, including any quality control 
standards established under subsection (b). 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to carry out this section $10,000,000 for each 
of fiscal years 2024 through 2028, 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 of title 49, United States 
Code); and 
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(4) recipients that are similar in size and pur-
pose to recipients described in paragraphs (1) 
through (3), as determined by the Secretary. 
SEC. 11. 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 
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universal certification recognition under this section, in-
cluding— 
(1) the transportation contracts that a Dis-
advantaged Business Enterprise or ACDBE shall 
have access to bid on once such business obtains 
Disadvantaged Business Enterprise or ACDBE cer-
tification; 
(2) any differences in the way a State or recipi-
ent treats a home State Disadvantaged Business 
Enterprise or ACDBE versus an out-of-State Dis-
advantaged Business Enterprise or ACDBE; 
(3) access to a State or recipient’s resources 
and information that an out-of-State Disadvantaged 
Business Enterprise or ACDBE has access to once 
such business obtains a Disadvantaged Business En-
terprise or ACDBE certification; and 
(4) any other area the Secretary determines 
necessary to ensure the success of universal certifi-
cation recognition. 
(d) AUDITING.— 
(1) IN GENERAL.—The Secretary shall periodi-
cally audit States and recipients to ensure that such 
States are recognizing a certification issued by an-
other State to a business recognizing such business 
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as a Disadvantaged Business Enterprise or ACDBE 
without further procedures. 
(2) USE
OF
INFORMATION.—The findings of 
the audits under paragraph (1) shall inform any up-
dates to the regulations that the Secretary issues 
under this section. 
(e) 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 recipient is not 
in compliance with this section unless such recipient’s Dis-
advantaged Business Enterprise program or ACDBE pro-
gram recognizes a certification issued by another State to 
a business recognizing such business as a Disadvantaged 
Business Enterprise or ACDBE without further proce-
dures and meets any standards established by the Sec-
retary under subsection (c). 
SEC. 12. INCENTIVES FOR EXCELLENCE IN DISADVAN-
TAGED BUSINESS ENTERPRISE PROGRAMS 
AND ACDBE PROGRAMS. 
(a) ESTABLISHMENT OF EXCELLENCE AWARDS.— 
Not later than 1 year after the date of enactment of this 
Act, the Secretary shall establish an awards program that 
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recognizes recipients that have excellent Disadvantaged 
Business Enterprise programs or ACDBE programs. 
(b) ANNUAL AWARDS.—The Secretary shall on an 
annual basis review recipients’ Disadvantaged Business 
Enterprise programs or ACDBE programs and recognize 
certain recipients that have excellent Disadvantaged Busi-
ness Enterprise programs or ACDBE programs through 
the awards program under subsection (a). 
(c) CRITERIA FOR AWARDS.—In carrying out the 
awards program established under subsection (a), the Sec-
retary shall consider the following criteria: 
(1) How high the Disadvantaged Business En-
terprise or ACDBE participation goal of the Dis-
advantaged 
Business 
Enterprise 
program 
or 
ACDBE program is. 
(2) The success of the recipient in meeting and 
exceeding participation goals described in paragraph 
(1). 
(3) How much successful growth a Disadvan-
taged Business Enterprise or ACDBE in the pro-
gram has. 
(4) To what extent and how well a Disadvan-
taged Business Enterprise program or ACDBE pro-
gram welcomes new Disadvantaged Business Enter-
prises or ACDBEs. 
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(5) How well a Disadvantaged Business Enter-
prise program or ACDBE program assists all so-
cially and economically disadvantaged individuals in 
overcoming barriers to participation. 
(6) The existence of and the quality of a men-
tor-prote´ge´ program. 
(7) Any other criteria the Secretary determines 
is integral to an excellent Disadvantaged Business 
Enterprise program or ACDBE program. 
(d) ADJUSTING CRITERIA.—The Secretary may ad-
just the criteria under subsection (c) to account for a re-
cipient’s size, type of business, geographic location, or any 
other characteristic the Secretary determines necessary. 
(e) DISCRETIONARY
GRANT
PREFERENCE.—The 
Secretary shall provide preferences for discretionary grant 
funding awards to recipients that are recognized under 
subsections (a) and (b). 
(f) NOTICE OF FUNDING OPPORTUNITIES.—Notwith-
standing any other provision of law or regulation, the Sec-
retary shall ensure that any notice of funding opportunity 
or availability for discretionary grant funding issued by 
the Secretary contains the preferences under subsection 
(e). 
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(g) TIMING OF REQUIREMENT.—Subsection (f) shall 
apply to any notice of funding opportunity or availability 
issued after the date of enactment of this Act. 
(h) ADDITIONAL INCENTIVES.—In addition to the 
grant preferences under subsection (e), the Secretary may 
provide additional incentives to recipients that are recog-
nized under subsections (a) and (b). 
(i) REPORTING.—The Secretary shall— 
(1) make available on the Department of 
Transportation’s website a list of recipients being 
recognized for excellent Disadvantaged Business En-
terprise or ACDBE programs under subsections (a) 
and (b); 
(2) include a rationale for why the Secretary is 
recognizing the recipients described in paragraph 
(1); 
(3) provide information regarding the recipi-
ents’ Disadvantaged Business Enterprise or ACDBE 
programs, including a link to the recipients’ program 
website; and 
(4) annually update the information required 
under this subsection. 
(j) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to carry out this section $2,000,000 for each 
of fiscal years 2024 through 2028. 
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SEC. 13. REPORTING REQUIREMENTS AND STANDARDS 
FOR WAIVERS AND EXEMPTIONS. 
(a) REPORTING REQUIREMENTS.—Not later than 1 
year after the date of enactment of this Act, the Secretary 
shall update parts 23 and 26 of title 49, Code of Federal 
Regulations, to require each concerned operating adminis-
tration or model agency to annually report to the Sec-
retary any waiver or exemption such administration or 
agency grants to a recipient from any requirement under 
parts 23 and 26 of title 49, Code of Federal Regulations. 
(b) CONTENTS
OF REPORTS.—The reports under 
subsection (a) shall contain the following information: 
(1) The name of the recipient granted the waiv-
er or exemption. 
(2) The name of the concerned operating ad-
ministration or model agency that granted the waiv-
er or exemption. 
(3) Any provision that the recipient received a 
waiver or exemption from. 
(4) The reason the concerned operating admin-
istration or model agency granted the waiver. 
(5) A description of the conditions in the recipi-
ent’s jurisdiction that made the situation appro-
priate to grant the recipient’s program proposal. 
(6) The duration of the waiver. 
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(7) The public participation a recipient con-
ducted in developing such recipient’s request, includ-
ing any consultations with the Disadvantaged Busi-
ness Enterprise and ACDBE communities. 
(8) Any other information the Secretary deter-
mines necessary. 
(c) POSTING ON WEBSITE.—Not later than 90 days 
after the date on which a report is required to be filed 
under subsection (a), the Secretary shall in a full-text 
searchable, sortable, and downloadable format for access 
by the public— 
(1) make the reports submitted to the Secretary 
under subsection (a) available on the website of the 
Department of Transportation; 
(2) report the total number of waivers or ex-
emptions that a concerned operating administration 
or model agency granted that year; and 
(3) report the total number of waivers or ex-
emptions that a recipient applied for or was granted 
that year. 
(d) STANDARDS
FOR GRANTING WAIVERS.—Not 
later than 2 years after the date of enactment of this Act, 
and every 5 years thereafter, the Secretary shall issue 
such regulations as may be necessary to update regula-
tions regarding the standards for granting waivers or ex-
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emptions to a recipient from any requirement under parts 
23 and 26 of title 49, Code of Federal Regulations, in 
order to minimize the improper granting of such waivers 
or exemptions. 
(e) CONSIDERATIONS.—In carrying out subsection 
(d), the Secretary shall consider— 
(1) creating a uniform list of reasons for grant-
ing waivers or exemptions; 
(2) creating a uniform list of conditions in ju-
risdictions that are appropriate for granting waivers 
or exemptions; 
(3) limiting the number of waivers or exemp-
tions a recipient can receive; 
(4) requiring a recipient to conduct more public 
hearings and consultations with the Disadvantaged 
Business Enterprise and ACDBE communities be-
fore a proposal for a waiver or exemption can be 
granted; and 
(5) increasing the level of standard for which a 
recipient’s proposal must meet before a concerned 
operating administration or model agency will grant 
a waiver or exemption to a recipient. 
(f) AUDITING.— 
(1) IN GENERAL.—The Secretary shall periodi-
cally audit concerned operating administrations or 
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model agencies to ensure that such administrations 
or agencies are minimizing the improper granting of 
waivers or exemptions to a recipient from any re-
quirement under parts 23 and 26 of title 49, Code 
of Federal Regulations. 
(2) USE
OF
INFORMATION.—The findings of 
the audits under paragraph (1) shall inform any up-
dates to the regulations that the Secretary issues or 
updates under subsection (d). 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to carry out this section $3,000,000 for each 
of fiscal years 2024 through 2028. 
SEC. 14. ADVISORY COMMITTEE ON DISADVANTAGED BUSI-
NESS ENTERPRISES AND ACDBES. 
(a) DISADVANTAGED BUSINESS ENTERPRISE
AND 
ACDBE ADVISORY COMMITTEE.— 
(1) ESTABLISHMENT.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary shall establish a Disadvantaged Business En-
terprise and ACDBE Advisory Committee (in this 
section referred to as the ‘‘Committee’’). 
(2) DUTIES.—The duties of the Committee 
shall be to provide a forum for stakeholders to dis-
cuss and make policy recommendations to Congress 
with respect to advancing the success of Disadvan-
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taged Business Enterprises and ACDBEs in the 
transportation, infrastructure, construction, and 
building industries. 
(3) MEMBERSHIP.— 
(A) VOTING
MEMBERS.—The Committee 
shall be composed of the following voting mem-
bers: 
(i) The Secretary or the Secretary’s 
designee. 
(ii) The Administrator or the Admin-
istrator’s designee. 
(iii) A representative of State govern-
ments. 
(iv) A representative of local govern-
ments. 
(v) A representative of county govern-
ments. 
(vi) A representative of State Depart-
ments of Transportation. 
(vii) A representative of transit agen-
cies. 
(viii) A representative of airports. 
(ix) A representative from the Con-
ference of Minority Transportation Offi-
cials. 
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(x) Two individuals who have experi-
ence advocating for Disadvantaged Busi-
ness Enterprises or ACDBEs. 
(xi) Two or more representatives from 
Disadvantaged Business Enterprises or 
ACDBEs owned by persons of color. 
(xii) Two or more representatives 
from Disadvantaged Business Enterprises 
or ACDBEs owned by women. 
(B) APPOINTING
AUTHORITY.—The Sec-
retary shall appoint all members of the Com-
mittee, except for the Administrator, who shall 
have a self-executing appointment. 
(C) APPOINTMENT
REPLACEMENT.—The 
Secretary shall promptly appoint a replacement 
for any member whose term has expired or who 
has resigned from the Committee. 
(D) TERM LENGTH.— 
(i) IN GENERAL.—Each member, ex-
cept for the Secretary or the Adminis-
trator, shall serve for an initial term of 4 
years on the Committee. 
(ii) 
REAPPOINTMENT.—A 
member 
whose term has expired may be re-
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appointed to the Committee for subsequent 
terms. 
(E) SERVICE CONTINUATION.—A member 
whose term has expired may continue to serve 
until the Secretary has appointed a replacement 
member. 
(F) NON-VOTING
MEMBERS.—The Sec-
retary may allow additional interested stake-
holders to attend and participate in the activi-
ties of the Committee as non-voting members. 
(4) MEETINGS.—The Committee shall meet not 
less frequently than— 
(A) 4 times per year until the report under 
paragraph (5) is submitted; and 
(B) 2 times per year after such report is 
submitted. 
(5) REPORT.— 
(A) IN GENERAL.—Not later than 2 years 
after the establishment of the Committee, the 
Committee shall submit to the Committee on 
Commerce, Science, and Transportation of the 
Senate, the Committee on Environment and 
Public Works of the Senate, the Committee on 
Banking, Housing, and Urban Affairs of the 
Senate, the Committee on Small Business and 
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Entrepreneurship of the Senate, the Committee 
on Transportation and Infrastructure of the 
House of Representatives, and the Committee 
on Small Business of the House of Representa-
tives a report that contains recommendations, 
supported by at least a majority of all voting 
members. Such report shall include rec-
ommendations regarding— 
(i) policy or regulatory changes to 
help increase the success of Disadvantaged 
Business Enterprises or ACDBEs in the 
transportation construction and building 
industries; 
(ii) policy or regulatory changes to 
help increase the number of prime contrac-
tors that are Disadvantaged Business En-
terprises or ACDBEs; 
(iii) policy or regulatory changes to 
address the penalization that occurs when 
businesses owned by women or persons of 
color become too large to qualify as Dis-
advantaged 
Business 
Enterprises 
or 
ACDBEs; 
(iv) policy or regulatory changes to 
address the structural and legacy barriers 
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faced by women and persons of color in at-
tempting to enter or succeed in the trans-
portation, construction, and building indus-
tries; 
(v) policy or regulatory changes to in-
crease the access of Disadvantaged Busi-
ness Enterprises or ACDBEs to financial 
capital and other necessary ancillary serv-
ices to succeed; and 
(vi) ways to make existing Federal 
technical assistance programs such as 
small business transportation resource cen-
ters, small business development centers, 
minority business development centers, and 
procurement technical assistance centers 
work better and reach more Disadvantaged 
Business Enterprises and ACDBEs. 
(B) DISSENTING
VIEWS.—The report in 
subparagraph (A) shall include a section allow-
ing any dissenting views and the dissent’s ra-
tionale from the majority’s recommendations. 
(6) ADDITIONAL REPORTS.—After the submis-
sion of the report under paragraph (5), the Com-
mittee shall, from time to time at an appropriate 
time determined by the Committee, submit to the 
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Secretary and Congress subsequent reports that are 
consistent with the duties of the Committee de-
scribed in paragraph (2). 
(7) COMPENSATION.—Members of the Com-
mittee shall serve without compensation, but may be 
allowed travel expenses, including per diem in lieu of 
subsistence, in accordance with subchapter I of 
chapter 7 of title 5, United States Code. 
(8) SUPPORT.—The Secretary shall use the re-
sources of the Department of Transportation and 
the Office of the Secretary to provide support to the 
Committee. 
(b) TERMINATION.—The Committee shall terminate 
on the date that is 5 years after the date on which the 
Committee is established under subsection (a). 
(c) REGULATIONS.—The Secretary shall have the au-
thority to issue or modify any regulations necessary to 
carry out subsection (a). 
(d) CONFORMING AMENDMENT.—Sections 100501, 
100502, and 100503 of the Infrastructure Investment and 
Jobs Act (Public Law 117–58) are repealed. 
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SEC. 15. DEFINITION OF ASSETS UNDER THE SMALL BUSI-
NESS ACT. 
(a) DEFINITION OF ASSETS.—Section 8(a)(6)(E) of 
the Small Business Act (15 U.S.C. 637(a)(6)(E)) is 
amended— 
(1) in clause (ii), by striking the period at the 
end and inserting a semicolon; and 
(2) by adding the following new clauses: 
‘‘(iii) retirement savings accounts of 
disadvantaged owners; 
‘‘(iv) investments in real estate other 
than primary personal residences of dis-
advantaged owners; and 
‘‘(v) equity in businesses that are not 
certified under this subsection of disadvan-
taged owners.’’. 
(b) RULEMAKING.—Not later than 1 year after the 
date of the enactment of this Act, the Administrator shall 
issue or amend such rules as are necessary to carry out 
the amendments made by subsection (a). 
Æ 
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