II 118th CONGRESS 1st Session S. 3377 IN THE SENATE OF THE UNITED STATES November 30, 2023 Mr. Padilla (for himself and Mr. Warnock ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide for disadvantaged business enterprise supportive services programs at modal administrations of the Department of Transportation, and for other purposes.

1. Short title This Act may be cited as the Disadvantaged Business Enterprise Supportive Services Expansion Act . 2. Increase cap for Federal Highway Administration disadvantaged business enterprise supportive services program (a) In general Section 140(c) of title 23, United States Code, is amended, in the second sentence, by striking $10,000,000 and inserting $25,000,000 . (b) Conforming amendment Section 104(a)(1) of title 23, United States Code, is amended by striking subparagraphs (C) through (E) and inserting the following: (C) $525,799,671 for fiscal year 2024; (D) $536,015,664 for fiscal year 2025; and (E) $546,435,977 for fiscal year 2026. . 3. Federal Transit Administration disadvantaged business enterprise supportive services program (a) In general Section 5332 of title 49, United States Code, is amended by adding at the end the following: (g) Disadvantaged business enterprise supportive services program (1) In general The Secretary, in coordination with the Administrator of the Federal Transit Administration, the Associate Administrator for Civil Rights of the Federal Transit Administration, other Federal agencies, State agencies, authorities, associations, institutions, Tribal governments, for profit or nonprofit corporations, and any other organizations or persons, including transit authorities and transit-specific organizations, may develop, conduct, and administer training programs and assistance programs in connection with any program under this chapter so that small business concerns owned and controlled by socially and economically disadvantaged individuals may achieve proficiency to compete, on an equal basis, for contracts and subcontracts. (2) Funding Of the amounts made available to carry out section 5314, the Secretary, in coordination with the Administrator of the Federal Transit Administration, the Associate Administrator for Civil Rights of the Federal Transit Administration, shall use not more than $5,000,000 for each fiscal year to carry out this subsection. (3) Nonapplicability of certain provisions Notwithstanding section 3106 of title 41, section 6101 of that title shall not be applicable to contracts and agreements entered into pursuant to paragraph (1). . (b) Funding Section 5338(a) of title 49, United States Code, is amended— (1) in paragraph (1), by striking subparagraphs (C), (D), and (E) and inserting the following: (C) $13,995,000,000 for fiscal year 2024; (D) $14,284,000,000 for fiscal year 2025; and (E) $14,647,000,000 for fiscal year 2026. ; and (2) in paragraph (2)(H), by striking $12,404,500 for fiscal year 2024, $12,660,748 for fiscal year 2025, and $12,982,608 for fiscal year 2026 and inserting $17,404,500 for fiscal year 2024, $17,660,748 for fiscal year 2025, and $17,982,608 for fiscal year 2026 . 4. Federal Aviation Administration socially and economically disadvantaged business participation supportive services program (a) In general Section 47113 of title 49, United States Code, is amended by adding at the end the following: (f) Socially and economically disadvantaged business participation supportive services program (1) In general The Secretary, in coordination with the Assistant Administrator of the Office of Civil Rights of the Federal Aviation Administration, may make agreements to provide assistance to an eligible entity described in paragraph (2) to develop, conduct, and administer training programs and assistance programs in connection with any project to be carried out under a grant agreement under this subchapter in order that small business concerns owned and controlled by socially and economically disadvantaged individuals may achieve proficiency to compete, on an equal basis, for contracts and subcontracts related to such projects, and for Small Business Innovation Research contracts. (2) Eligible entities described An eligible entity described in this paragraph is any of the following: (A) A State or territory. (B) A political subdivision of a State or local government. (C) A Tribal government. (D) A special purpose district or public authority with an aviation function. (E) A port authority. (F) A metropolitan planning organization. (G) A group of entities described in any of subparagraphs (A) through (F). (H) Any other profit or non-profit organization or group of organizations deemed appropriate by the Secretary. (3) Funding From amounts available in the Airport and Airways Trust Fund established under section 9502 of the Internal Revenue Code of 1986, the Secretary, in cooperation with the Assistant Administrator of the Office of Civil Rights of the Federal Aviation Administration, may use such sums as necessary, not to exceed $5,000,000 per fiscal year, for the administration of this subsection. . (b) Expenditure authority from airport and airway trust fund Section 9502(d)(1)(A) of the Internal Revenue Code of 1986 is amended by inserting or section 47113(f) of title 49, United States Code before the semicolon at the end.