I 
115TH CONGRESS 
1ST SESSION H. R. 2139 
To amend the FAA Modernization and Reform Act of 2012 and title 49, 
United States Code, with respect to disadvantaged business enterprises, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 25, 2017 
Ms. MOORE introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure 
A BILL 
To amend the FAA Modernization and Reform Act of 2012 
and title 49, United States Code, with respect to dis-
advantaged business enterprises, 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. INSPECTOR GENERAL REPORT ON PARTICIPA-
TION IN FAA PROGRAMS BY DISADVANTAGED 
SMALL BUSINESS CONCERNS. 
Section 140 of the FAA Modernization and Reform 
Act of 2012 is amended— 
(1) in subsection (c)— 
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(A) in paragraph (1) by striking ‘‘each of 
fiscal years 2013 through 2017’’ and inserting 
‘‘fiscal year 2017 and periodically thereafter’’; 
and 
(B) in paragraph (3)(A) by striking ‘‘a 
list’’ and inserting ‘‘with respect to the large 
and medium hub airports in the United States 
that participate in the airport disadvantaged 
business enterprise program referenced in sub-
section (a), a list’’; and 
(2) by adding at the end the following: 
‘‘(d) ASSESSMENT
OF EFFORTS.—The Inspector 
General shall assess the efforts of the Federal Aviation 
Administration with respect to implementing recommen-
dations suggested in reports submitted under subsection 
(c) and shall include in each semiannual report of the In-
spector General that is submitted to Congress a descrip-
tion of the results of such assessment.’’. 
SEC. 2. MINORITY AND DISADVANTAGED BUSINESS PAR-
TICIPATION. 
Section 47113 of title 49, United States Code, is 
amended— 
(1) in subsection (c)— 
(A) by striking ‘‘The Secretary shall’’ and 
inserting the following: 
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‘‘(1) IN GENERAL.—The Secretary shall’’; and 
(B) by adding at the end the following: 
‘‘(2) CONSISTENCY
OF
INFORMATION.—The 
Secretary shall develop and maintain a training pro-
gram— 
‘‘(A) for employees of the Federal Aviation 
Administration who provide guidance and train-
ing to entities that certify whether a small busi-
ness concern qualifies under this section (and 
for employees of the other modal administra-
tions of the Department of Transportation who 
provide similar services); and 
‘‘(B) that ensures Federal officials provide 
consistent communications with respect to cer-
tification requirements. 
‘‘(3) LISTS OF CERTIFYING AUTHORITIES.—The 
Secretary shall ensure that each State maintains an 
accurate list of the certifying authorities in such 
State for purposes of this section and that the list 
is— 
‘‘(A) updated at least twice each year; and 
‘‘(B) made available to the public.’’; 
(2) in subsection (e) by adding at the end the 
following: 
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‘‘(4) REPORTING.—The Secretary shall deter-
mine, for each fiscal year, the number of individuals 
who received training under this subsection and shall 
make such number available to the public on an ap-
propriate website operated by the Secretary. If the 
Secretary determines, with respect to a fiscal year, 
that fewer individuals received training under this 
subsection than in the previous fiscal year, the Sec-
retary shall submit to Congress, and make available 
to the public on an appropriate website operated by 
the Secretary, a report describing the reasons for 
the decrease. 
‘‘(5) ASSESSMENT.—Not later than 2 years 
after the date of enactment of this paragraph, and 
every 2 years thereafter, the Secretary shall assess 
the training program, including by soliciting feed-
back from stakeholders, and update the training pro-
gram as appropriate.’’; and 
(3) by adding at the end the following: 
‘‘(f) TREND ASSESSMENT.— 
‘‘(1) IN
GENERAL.—Not later than 2 years 
after the date of enactment of this subsection, and 
at least every 2 years thereafter, the Secretary shall 
study, using information reported by airports, trends 
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in the participation of small business concerns re-
ferred to in subsection (b). 
‘‘(2) CONTENTS.—The study under paragraph 
(1) shall include— 
‘‘(A) an analysis of whether the participa-
tion of small business concerns referred to in 
subsection (b) at reporting airports increased or 
decreased during the period studied, including 
for such concerns that were first time partici-
pants; 
‘‘(B) an analysis of the factors relating to 
any significant increases or decreases in partici-
pation compared to prior years; and 
‘‘(C) development of a plan to respond to 
the results of the study, including development 
of recommendations for sharing best practices 
for maintaining or boosting participation. 
‘‘(3) REPORTING.—For each study completed 
under paragraph (1), the Secretary shall submit to 
Congress, and make available to the program con-
tact at each airport that participates in the airport 
disadvantaged business enterprise program, a report 
describing the results of the study.’’. 
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SEC. 3. PASSENGER FACILITY CHARGES. 
Section 40117(c) of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(5) With respect to an application under this sub-
section that relates to an airport that participates in the 
airport disadvantaged business enterprise program ref-
erenced in section 140(a) of the FAA Modernization and 
Reform Act of 2012 (49 U.S.C. 47113 note), the applica-
tion shall include a detailed description of good faith ef-
forts at the airport to contract with disadvantaged busi-
ness enterprises in relation to any project that is a subject 
of the application and to ensure that all small businesses, 
including those owned by veterans, fairly compete for work 
funded with passenger facility charges.’’. 
SEC. 4. ANNUAL TRACKING OF CERTAIN NEW FIRMS AT 
AIRPORTS WITH A DISADVANTAGED BUSI-
NESS ENTERPRISE PROGRAM. 
(a) TRACKING REQUIRED.—Beginning in fiscal year 
2017, and each fiscal year thereafter, the Administrator 
of the Federal Aviation Administration shall require each 
covered airport to report to the Administrator on the num-
ber of new disadvantaged business enterprises that were 
awarded a contract or concession during the previous fis-
cal year at the airport. 
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