(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). 
(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 
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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 subsection sub-
sections (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 2023 through 2027. 
SEC. 109. 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 
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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. 
(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. 
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(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-
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. 
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(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 concerned op-
erating 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 
model agencies to ensure that such administrations 
or agencies are minimizing the improper granting of 
waivers or exemptions to a recipient from any re-
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