Sec. 140. MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION
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## SEC. 140 MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION ###
(a)Findings **[**[49 U.S.C. 47113 note](/us/usc/t49/s47113)**]** Congress finds the following: ####
(1)While significant progress has occurred due to the establishment of the airport disadvantaged business enterprise program (49 U.S.C. 47107(e) and 47113), discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in airport-related markets across the Nation. These continuing barriers merit the continuation of the airport disadvantaged business enterprise program. ####
(2)Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits. This testimony and documentation shows that race- and gender-neutral efforts alone are insufficient to address the problem. ####
(3)This testimony and documentation demonstrates that discrimination across the Nation poses a barrier to full and fair participation in airport-related businesses of women business owners and minority business owners in the racial groups detailed in parts 23 and 26 of title 49, Code of Federal Regulations, and has impacted firm development and many aspects of airport-related business in the public and private markets. ####
(4)This testimony and documentation provides a strong basis that there is a compelling need for the continuation of the airport disadvantaged business enterprise program and the airport concessions disadvantaged business enterprise program to address race and gender discrimination in airport-related business. ###
(b)Standardizing Certification of Disadvantaged Business Enterprises Section 47113 is amended by adding at the end the following: > > ### “(e) Mandatory Training Program > > > #### “(1) In general > > Not later than 1 year after the date of enactment of this subsection, the Secretary shall establish a mandatory training program for persons described in paragraph
(3)to provide streamlined training on certifying whether a small business concern qualifies as a small business concern owned and controlled by socially and economically disadvantaged individuals under this section and section 47107(e). > > > #### “(2) Implementation > > The training program may be implemented by one or more private entities approved by the Secretary. > > > #### “(3) Participants > > A person referred to in paragraph
(1)is an official or agent of an airport sponsor— > > > ##### “(A) > > who is required to provide a written assurance under this section or section 47107(e) that the airport owner or operator will meet the percentage goal of subsection
(b)of this section or section 47107(e)(1), as the case may be; or > > > ##### “(B) > > who is responsible for determining whether or not a small business concern qualifies as a small business concern owned and controlled by socially and economically disadvantaged individuals under this section or section 47107(e).” > . ###
(c)Inspector General Report on Participation in FAA Programs by Disadvantaged Small Business Concerns ####
(1)In general For each of fiscal years 2013 through 2018, the Inspector General of the Department of Transportation shall submit to Congress a report 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 funded using the amounts made available under this Act or an extension of this Act. ####
(2)New small business concerns For purposes of subsection (a), a new small business concern is a small business concern that did not participate in the programs and activities described in subsection
(a)in a previous fiscal year. ####
(3)Contents The report shall include— #####
(A)a list of the top 25 and bottom 25 large and medium hub airports in terms of providing opportunities for small business concerns owned and controlled by socially and economically disadvantaged individuals to participate in the programs and activities funded using the amounts made available under this Act; #####
(B)the results of an assessment, to be conducted by the Inspector General, on the reasons why the top airports have been successful in providing such opportunities; and #####
(C)recommendations to the Administrator of the Federal Aviation Administration and Congress on methods for other airports to achieve results similar to those of the top airports.
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