Title: 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.
Policy area: Transportation and Public Works

Summary:
This bill amends the FAA Modernization and Reform Act of 2012 to extend through FY2017 and periodically thereafter the requirement that the Office of the Inspector General of the Department of Transportation report annually to Congress on the number of new small business concerns owned and controlled by socially and economically disadvantaged individuals, including those owned by veterans, that participated in the programs and activities of the Federal Aviation Administration (FAA).
The list of the top 25 and bottom 25 large and medium hub airports giving disadvantaged small business concerns opportunities to participate in FAA programs and activities, which each such report must contain, shall be drawn only from large and medium hub airports participating in the airport disadvantaged business enterprise (DBE) program.
The Department of Transportation shall develop a training program for FAA employees providing guidance and training to entities that certify a small business as a small business concern owned and controlled by socially and economically disadvantaged individuals.
Applications for authority to impose a passenger facility charge at a covered airport shall include a detailed description of the airport's good faith efforts to contract with DBEs and small businesses (including those owned by veterans).
Beginning in FY2017, the FAA shall require a covered airport to report annually on the number of new DBEs that were awarded a contract or concession during the previous fiscal year.
The FAA shall update annually DBE-Connect (or any successor online reporting system) to include information on the number of new DBEs awarded a contract or concession at a covered airport during the previous fiscal year.
The FAA shall:

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2139 Introduced in House (IH)]

<DOC>






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 disadvantaged business enterprises, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. INSPECTOR GENERAL REPORT ON PARTICIPATION 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)--
                    (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 subsection (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 recommendations suggested in reports submitted under 
subsection (c) and shall include in each semiannual report of the 
Inspector General that is submitted to Congress a description of the 
results of such assessment.''.

SEC. 2. MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION.

    Section 47113 of title 49, United States Code, is amended--
            (1) in subsection (c)--
                    (A) by striking ``The Secretary shall'' and 
                inserting the following:
            ``(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 program--
                    ``(A) for employees of the Federal Aviation 
                Administration who provide guidance and training to 
                entities that certify whether a small business concern 
                qualifies under this section (and for employees of the 
                other modal administrations of the Department of 
                Transportation who provide similar services); and
                    ``(B) that ensures Federal officials provide 
                consistent communications with respect to certification 
                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:
            ``(4) Reporting.--The Secretary shall determine, 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 appropriate 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 Secretary 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 feedback from stakeholders, and update the training 
        program 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 in the participation of small 
        business concerns referred to in subsection (b).
            ``(2) Contents.--The study under paragraph (1) shall 
        include--
                    ``(A) an analysis of whether the participation 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 participants;
                    ``(B) an analysis of the factors relating to any 
                significant increases or decreases in participation 
                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 contact at each airport that participates in the 
        airport disadvantaged business enterprise program, a report 
        describing the results of the study.''.

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 subsection that 
relates to an airport that participates in the airport disadvantaged 
business enterprise program referenced in section 140(a) of the FAA 
Modernization and Reform Act of 2012 (49 U.S.C. 47113 note), the 
application shall include a detailed description of good faith efforts 
at the airport to contract with disadvantaged business 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 BUSINESS 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 number of new disadvantaged business enterprises 
that were awarded a contract or concession during the previous fiscal 
year at the airport.
    (b) Training.--The Administrator shall provide training to 
airports, on an ongoing basis, with respect to compliance with 
subsection (a).
    (c) Reporting.--During the first fiscal year beginning after the 
date of enactment of this Act and every fiscal year thereafter, the 
Administrator shall update dbE-Connect (or any successor online 
reporting system) to include information on the number of new 
disadvantaged business enterprises that were awarded a contract or 
concession during the previous fiscal year at a covered airport.
    (d) Covered Airport Defined.--In this section, the term ``covered 
airport'' means a large or medium hub airport that participates in the 
airport disadvantaged business enterprise program referenced in section 
140(a) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 47113 
note).

SEC. 5. AUDITS.

    The Inspector General of the Department of Transportation shall 
conduct periodic audits regarding the accuracy of the data on 
disadvantaged business enterprises contained in the Federal Aviation 
Administration's reporting database related to such enterprises or any 
similar or successor online reporting database developed by the 
Administration.

SEC. 6. PROMPT PAYMENTS.

    (a) Reporting of Complaints.--Not later than 30 days after the date 
of enactment of this Act, the Administrator of the Federal Aviation 
Administration shall ensure that each airport that participates in the 
Program tracks, and reports to the Administrator, the number of covered 
complaints made in relation to activities at that airport.
    (b) Improving Compliance.--
            (1) In general.--The Administrator shall take actions to 
        assess and improve compliance with prompt payment requirements 
        under part 26 of title 49, Code of Federal Regulations.
            (2) Contents of assessment.--In carrying out paragraph (1), 
        the Administrator shall assess--
                    (A) whether requirements relating to the inclusion 
                of prompt payment language in contracts are being 
                satisfied;
                    (B) whether and how airports are enforcing prompt 
                payment requirements;
                    (C) the processes by which covered complaints are 
                received and resolved by airports;
                    (D) whether improvements need to be made to--
                            (i) better track covered complaints 
                        received by airports; and
                            (ii) assist the resolution of covered 
                        complaints in a timely manner;
                    (E) the effectiveness of alternative dispute 
                resolution mechanisms with respect to resolving covered 
                complaints;
                    (F) best practices that ensure prompt payment 
                requirements are satisfied;
                    (G) the Federal Aviation Administration resources, 
                including staff, that are dedicated to helping resolve 
                covered complaints; and
                    (H) how the Federal Aviation Administration can 
                enhance efforts to resolve covered complaints, 
                including by using timelines and providing additional 
                staffing and other resources.
            (3) Reporting.--The Administrator shall make available to 
        the public on an appropriate website operated by the 
        Administrator a report describing the results of the assessment 
        completed under this subsection, including a plan to respond to 
        such results.
    (c) Definitions.--In this section, the following definitions apply:
            (1) Covered complaint.--The term ``covered complaint'' 
        means a complaint relating to an alleged failure to satisfy a 
        prompt payment requirement under part 26 of title 49, Code of 
        Federal Regulations.
            (2) Program.--The term ``Program'' means the airport 
        disadvantaged business enterprise program referenced in section 
        140(a) of the FAA Modernization and Reform Act of 2012 (49 
        U.S.C. 47113 note).
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