,i #aahth ,,congress #ast ,session ,h4 ,r4 #hcb ,,in ,,the ,,house ,,of ,,representatives ,february #f1 #bjbc ,mr4 ,garca of ,illinois 7for himself and ,mr4 ,johnson of ,georgia7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committee on ,small ,business1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend title #di1 ,united ,states ,code1 to direct the ,secretary of ,transportation to strengthen and advance certain disadvantaged businesses1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,giving ,disadvantaged ,businesses ,opportunities for ,success ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,sec4 #c4 ,congressional findings on the importance of disadvantaged businesses4 ,sec4 #d4 ,definitions4 ,sec4 #e4 ,severability4 ,sec4 #f4 ,inflation adjustment to ,department of ,transportation net worth caps4 ,sec4 #g4 ,update to ,department of ,transportation ,disadvantaged ,business ,enterprise and ,,acdbe size standards4 ,sec4 #h4 ,definition of assets under ,department of ,transportation personal net worth test4 ,sec4 #i4 ,additional funding for ,department of ,transportation ,minority ,resource ,center4 ,sec4 #aj4 ,improvements to ,department of ,transportation ,disadvantaged ,business ,enterprise and ,,acdbe mentor-protg programs4 ,sec4 #aa4 ,department of ,transportation ,disadvantaged ,business ,enterprise and ,,acdbe certification universal recognition4 ,sec4 #ab4 ,incentives for excellence in ,disadvantaged ,business ,enterprise programs and ,,acdbe programs4 ,sec4 #ac4 ,reporting requirements and standards for waivers and exemptions4 ,sec4 #ad4 ,advisory committee on disadvantaged business enterprises and ,a,c,d,b,es4 ,sec4 #ae4 ,definition of assets under the ,small ,business ,act4 #c4 ,congressional findings on the importance of disadvantaged businesses ,congress finds the following3 7#a7 ,while significant progress has occurred due to the establishment of the ,disadvantaged ,business ,enterprise program of the ,department of ,transportation under section #aaaja7;e7 of the ,infrastructure ,investment and ,jobs ,act 7,public ,law #aag-eh71 the ,,acdbe program of the ,department of ,transportation under part #bc of title #di1 ,code of ,federal ,regulations1 and the ,section #h7;a7 ,business ,development ,program of the ,small ,business ,administration 7established under section #h7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg771 discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in federally assisted transportation markets across the ,united ,states and through procurement contracts of ,federal agencies4 7#b7 ,the continuing barriers described in paragraph 7#a7 merit the continuation of the ,disadvantaged ,business ,enterprise program1 the ,,acdbe program1 and the ,section #h7;a7 ,business ,development ,program4 7#c7 ,congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources1 including congressional hearings and roundtables1 scientific reports1 reports issued by public and private agencies1 news stories1 reports of discrimination by organizations and individuals1 and discrimination lawsuits1 which show that race- and gender-neutral efforts alone are insufficient to address the problem4 7#d7 ,some examples of the sources described in paragraph 7#c7 include the following3 7,a7 ,the hearing of the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives held on ,september #bc1 #bjbj1 titled ,driving ,equity3 ,the ,u4,s4 ,department of ,transportation's ,disadvantaged ,business ,enterprise ,program4 7,b7 ,the hearing of the ,subcommittee on ,contracting and ,infrastructure of the ,committee on ,small ,business of the ,house of ,representatives held on ,march #b1 #bjbb1 titled ,the #h7;a7 ,program3 ,overview and ,next ,steps to ,promote ,small ,business ,success4 7,c7 ,the #bjag ,disparity ,study of the ,illinois ,department of ,transportation4 7,d7 ,the #bjah ,disparity ,study of the ,city of ,denver4 7#e7 ,the testimony and documentation described in paragraphs 7#c7 and 7#d7 demonstrate that discrimination across the ,united ,states poses a barrier to full and fair participation of women business owners and minority business owners in federally assisted transportation markets and through procurement contracts of ,federal agencies and has impacted the development of such businesses4 7#f7 ,the testimony and documentation described in paragraphs 7#c7 and 7#d7 provide a strong basis that there is a compelling need for the continuation of the ,disadvantaged ,business ,enterprise program1 the ,,acdbe program1 and the ,section #h7;a7 ,business ,development ,program to address race and gender discrimination in federally assisted transportation markets and through procurement contracts of ,federal agencies4 #d4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,small ,business ,administration4 7#b7 ,airport ,concession ,disadvantaged ,business ,enterprise ,the terms ,airport ,concession ,disadvantaged ,business ,enterprise 7,,acdbe7 and ,,acdbe have the meaning given the term ,airport ,concession ,disadvantaged ,business ,enterprise 7,,acdbe7 in part #bc4c of title #di1 ,code of ,federal ,regulations4 7#c7 ,concerned operating administration ,the term concerned operating administration has the meaning given such term in part #bf4e of title #di1 ,code of ,federal ,regulations4 7#d7 ,disadvantaged ,business ,enterprise ,the term ,disadvantaged ,business ,enterprise has the meaning given such term in part #bf4e of title #di1 ,code of ,federal ,regulations4 7#e7 ,disadvantaged ,business ,enterprise ,advisory ,committee ,the term ,disadvantaged ,business ,enterprise ,advisory ,committee means the committee established in section #aji of this ,act4 7#f7 ,prime contractor ,the term prime contractor has the meaning given such term in section #hgja of title #da1 ,united ,states ,code4 7#g7 ,recipient ,the term recipient has the meaning given such term in parts #bc4c and #bf4e of title #di1 ,code of ,federal ,regulations4 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#i7 ,small business development center ,the term small business development center has the meaning given such term in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 7#aj7 ,small business transportation resource center ,the term small business transportation resource center means an entity funded by the ,office of ,small and ,disadvantaged ,business ,utilization of the ,department of ,transportation that provides an array of technical assistance to build the capacity of small disadvantaged transportation businesses4 #e4 ,severability ,if any provision of this ,act1 an amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance is held to be unconstitutional1 the remainder of this ,act and the amendments made by this ,act1 and the application of such remainder to any person or circumstance shall not be affected4 #f4 ,inflation adjustment to ,department of ,transportation net worth caps 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation shall issue such regulations as are necessary to increase the personal net worth cap contained in parts #bc and #bf of title #di1 ,code of ,federal ,regulations1 to account for any inflation that has occurred since the net worth cap under such parts was increased in the rule submitted by the ,department of ,transportation issued on ,january #bh1 #bjaa1 titled ,disadvantaged ,business ,enterprise3 ,program ,improvements 7#gf ,fed4 ,reg4 #ejhc74 7b7 ,parameters ,in carrying out subsection 7a71 the ,secretary shall-- 7#a7 use the consumer price index published by the ,bureau of ,labor ,statistics as the inflation metric2 and 7#b7 account for any inflation that occurred in the time period between the final effective date of the rule submitted by the ,department of ,transportation issued on ,january #bh1 #bjaa1 titled ,disadvantaged ,business ,enterprise3 ,program ,improvements 7#gf ,fed4 ,reg4 #ejhc7 and the final effective date of any rule issued pursuant to subsection 7a74 7c7 ,additional inflation adjustments ,the ,secretary of ,transportation shall issue such regulations as are necessary to update parts #bc and #bf of title #di1 ,united ,states ,code1 to establish an interval in accordance with this section to make additional adjustments1 after the adjustment under subsection 7a71 to the net worth caps for determining social and economic disadvantage for inflation4 7d7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall update part #abd of title #ac1 ,code of ,federal ,regulations1 with respect to the maximum net worth of an individual claiming economic disadvantage to be equal to the net worth cap established by the ,secretary of ,transportation under section #f4 7e7 ,adjustment 7#a7 ,interval ,on the first ,january #a that is #b years after the date on which the ,administrator makes the update described in subsection 7d71 and annually thereafter1 the ,administrator shall adjust the maximum net worth described in subsection 7d7 for inflation using a metric developed by the ,administrator4 7#b7 ,metric ,in developing the metric described in paragraph 7#a7 to account for inflation1 the ,administrator shall-- 7,a7 consider using the ,consumer ,price ,index published by the ,bureau of ,labor ,statistics in such metric2 7,b7 solicit and consider the recommendations of the ,secretary of ,transportation2 and 7,c7 solicit and consider public comment on the appropriate metric to use and whether such metric should take into account regional variations in maximum net worth4 7#c7 ,final rule on inflation metric ,not later than #a year after the ,administrator solicits public comment pursuant to paragraph 7#b71 the ,administrator shall issue a final rule describing the metric developed under this paragraph4 7f7 ,interval ,the interval for adjusting the net worth caps described in subsection 7c7 shall be the same annual interval that the ,administrator adjusts the net worth caps for the ,small ,business ,administration under subsection 7e74 7g7 ,first additional adjustment ,the first additional inflation adjustment under subsection 7c7 shall occur at the same time the ,administrator carries out the first adjustment under subsection 7e74 7h7 ,metric ,the ,secretary shall use the same inflation metric under subsection 7c7 that the ,administrator chooses under subsection 7e74 #g4 ,update to ,department of ,transportation ,disadvantaged ,business ,enterprise and ,,acdbe size standards 7a7 ,highways and transit small business concern definition ,section #aaaja7;e77#b77;,a7 of the ,infrastructure ,investment and ,jobs ,act 7,public ,law #aag-eh7 is amended to read as follows3 7,a7 ,small business concern ,the term small business concern has the meaning given the term under section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 4 7b7 ,aviation small business concern definition ,section #dgaac7;a77#a7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7#a7 small business concern has the meaning given the term under section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb72 4 7c7 ,rulemaking ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall issue or amend such rules as are necessary to carry out the amendment made by this section4 #h4 ,definition of assets under ,department of ,transportation personal net worth test ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation shall issue such regulations as are necessary to update the assets excluded in the personal net worth test contained in parts #bc4c and #bf4fg of title #di1 ,code of ,federal ,regulations1 to match the assets excluded in the computation of net worth under section #h7;a77#f77;,e7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;a77#f77;,e771 as amended by section #ae4 #i4 ,additional funding for ,department of ,transportation ,minority ,resource ,center 7a7 ,improvements to ,minority ,resource ,center ,section #ccb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#f7 by striking and at the end2 7,b7 by redesignating paragraph 7#g7 as paragraph 7#h72 and 7,c7 by inserting after paragraph 7#f7 the following3 7#g7 establish a goal of having a small business transportation resource center in every ,state2 and 2 and 7#b7 in subsection 7e77#b7 by striking such sums as may be necessary for each of fiscal years #bjje through #bjji and inserting #be1jjj1jjj for each of fiscal years #bjbd through #bjbh4 7b7 ,use of funding ,the ,secretary shall use any additional funding appropriated under section #ccb of title #di1 ,united ,states ,code1 to-- 7#a7 establish additional small business transportation resource centers with the goal of having #a in each ,state2 and 7#b7 provide additional funding to existing small business transportation resource centers to augment the activities of the center so the center can reach more disadvantaged businesses4 #aj4 ,improvements to ,department of ,transportation ,disadvantaged ,business ,enterprise and ,,acdbe mentor-protg programs 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue such regulations as are necessary to update parts #bc and #bf4ce of title #di1 ,code of ,federal ,regulations 7or a successor regulation7 to require covered large recipients with ,disadvantaged ,business ,enterprise programs or ,,acdbe programs to have a mentor-protg program4 7b7 ,quality control standards ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall issue or update regulations regarding minimum quality standards or certain items that shall be included in mentor-protg programs in order for such programs to qualify under subsection 7a71 including-- 7#a7 ensuring that any mentor-protg program results in an increase to or success of a protg with respect to-- 7,a7 capital base1 including-- 7i7 working capital2 7ii7 depreciated value of equipment owned or leased2 7iii7 payroll2 7iv7 overhead2 7v7 material expensed2 7vi7 overhead expensed2 7vii7 net profit2 and 7viii7 available credit2 7,b7 bonding limits1 by job and in the aggregate2 7,c7 value of current and future work2 7,d7 success in getting profitable work outside any government or other procurement program for small1 minority1 women1 or ,disadvantaged ,business ,enterprises2 7,e7 retention of reliable and productive employees2 7,f7 customer loyalty resulting in repeat business2 and 7,g7 any other area determined by the ,secretary2 and 7#b7 ensuring that any mentorship-protg program demonstrates overall success in-- 7,a7 higher than average survival rate for protgs2 7,b7 continuous improvement in the financial strength and bonding capacity of protgs2 7,c7 consistent success in meeting the objectives included in each protg's individual business plan2 7,d7 a high rate of successful transition out of the program2 and 7,e7 any other area determined by the ,secretary4 7c7 ,auditing 7#a7 ,in general ,the ,secretary shall periodically audit the mentor-protg programs of recipients to ensure such programs are meeting the quality control standards set under subsection 7b74 7#b7 ,use of information ,the findings of the audits under paragraph 7#a7 shall inform any updates to the quality control standards that the ,secretary issues under this section4 7d7 ,compliance ,in carrying out this section1 the ,secretary shall issue such regulations as are necessary to update parts #bc and #bf of title #di1 ,code of ,federal ,regulations1 to make clear that a ,disadvantaged ,business ,enterprise program or ,,acdbe program of a covered large recipient is not in compliance with this section unless such recipient's ,disadvantaged ,business ,enterprise program or ,,acdbe program has the required mentor-protg program and such program complies with all requirements or regulations established by the concerned operating administration or ,secretary1 including any quality control standards established under subsection 7b74 7e7 ,authorization of appropriations ,there is authorized to carry out this section #aj1jjj1jjj for each of fiscal years #bjbd through #bjbh1 of which-- 7#a7 #c1jjj1jjj for each fiscal year shall be for the ,secretary to carry out the quality control1 auditing1 and compliance activities required under this section2 and 7#b7 #g1jjj1jjj for each fiscal year shall be for the ,secretary to assist recipients with setting up1 improving1 and carrying out mentor-protg programs4 7f7 ,covered large recipients defined ,in this section1 the term covered large recipients means-- 7#a7 a ,state department of ,transportation2 7#b7 large public transportation and regional transportation agencies1 as defined by the ,secretary2 7#c7 any recipient of airport funds authorized under section #dgaja of title #di1 ,united ,states ,code1 that operates a large hub airport 7as such term is defined in section #dgajb of title #di1 ,united ,states ,code72 and 7#d7 recipients that are similar in size and purpose to recipients described in paragraphs 7#a7 through 7#c71 as determined by the ,secretary4 #aa4 ,department of ,transportation ,disadvantaged ,business ,enterprise and ,,acdbe certification universal recognition 7a7 ,universal certification recognition ,not later than #b years after the date of the enactment of this ,act1 the ,secretary shall issue such regulations as are necessary to update parts #bc and #bf of title #di1 ,code of ,federal ,regulations1 7or a successor regulation7 to require ,states and recipients to recognize a certification issued by another ,state to a business recognizing such business as a ,disadvantaged ,business ,enterprise or an ,,acdbe without further procedures4 7b7 ,certification criteria ,in certifying a business as a ,disadvantaged ,business ,enterprise or an ,,acdbe1 a ,state shall meet any requirements that the ,secretary establishes under section #aaaja7;e77#e7 of the ,infrastructure ,investment and ,jobs ,act 7,public ,law #aag-eh74 7c7 ,secretary authority ,the ,secretary shall have the authority to regulate certain items or issue standards that any recipient's ,disadvantaged ,business ,enterprise program or ,,acdbe program shall meet as part of universal certification recognition under this section1 including-- 7#a7 the transportation contracts that a ,disadvantaged ,business ,enterprise or ,,acdbe shall have access to bid on once such business obtains ,disadvantaged ,business ,enterprise or ,,acdbe certification2 7#b7 any differences in the way a ,state or recipient treats a home ,state ,disadvantaged ,business ,enterprise or ,,acdbe versus an out-of-,state ,disadvantaged ,business ,enterprise or ,,acdbe2 7#c7 access to a ,state or recipient's resources and information that an out-of-,state ,disadvantaged ,business ,enterprise or ,,acdbe has access to once such business obtains a ,disadvantaged ,business ,enterprise or ,,acdbe certification2 and 7#d7 any other area the ,secretary determines necessary to ensure the success of universal certification recognition4 7d7 ,auditing 7#a7 ,in general ,the ,secretary shall periodically audit ,states and recipients to ensure that such ,states are recognizing a certification issued by another ,state to a business recognizing such business as a ,disadvantaged ,business ,enterprise or ,,acdbe without further procedures4 7#b7 ,use of information ,the findings of the audits under paragraph 7#a7 shall inform any updates to the regulations that the ,secretary issues under this section4 7e7 ,compliance ,in carrying out this section1 the ,secretary shall issue such regulations as are necessary to update parts #bc and #bf of title #di1 ,code of ,federal ,regulations1 to make clear that a ,disadvantaged ,business ,enterprise program or ,,acdbe program of a recipient is not in compliance with this section unless such recipient's ,disadvantaged ,business ,enterprise program or ,,acdbe program recognizes a certification issued by another ,state to a business recognizing such business as a ,disadvantaged ,business ,enterprise or ,,acdbe without further procedures and meets any standards established by the ,secretary under subsection 7c74 #ab4 ,incentives for excellence in ,disadvantaged ,business ,enterprise programs and ,,acdbe programs 7a7 ,establishment of excellence awards ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall establish an awards program that recognizes recipients that have excellent ,disadvantaged ,business ,enterprise programs or ,,acdbe programs4 7b7 ,annual awards ,the ,secretary shall on an annual basis review recipients' ,disadvantaged ,business ,enterprise programs or ,,acdbe programs and recognize certain recipients that have excellent ,disadvantaged ,business ,enterprise programs or ,,acdbe programs through the awards program under subsection 7a74 7c7 ,criteria for awards ,in carrying out the awards program established under subsection 7a71 the ,secretary shall consider the following criteria3 7#a7 ,how high the ,disadvantaged ,business ,enterprise or ,,acdbe participation goal of the ,disadvantaged ,business ,enterprise program or ,,acdbe program is4 7#b7 ,the success of the recipient in meeting and exceeding participation goals described in paragraph 7#a74 7#c7 ,how much successful growth a ,disadvantaged ,business ,enterprise or ,,acdbe in the program has4 7#d7 ,to what extent and how well a ,disadvantaged ,business ,enterprise program or ,,acdbe program welcomes new ,disadvantaged ,business ,enterprises or ,a,c,d,b,es4 7#e7 ,how well a ,disadvantaged ,business ,enterprise program or ,,acdbe program assists all socially and economically disadvantaged individuals in overcoming barriers to participation4 7#f7 ,the existence of and the quality of a mentor-protg program4 7#g7 ,any other criteria the ,secretary determines is integral to an excellent ,disadvantaged ,business ,enterprise program or ,,acdbe program4 7d7 ,adjusting criteria ,the ,secretary may adjust the criteria under subsection 7c7 to account for a recipient's size1 type of business1 geographic location1 or any other characteristic the ,secretary determines necessary4 7e7 ,discretionary grant preference ,the ,secretary shall provide preferences for discretionary grant funding awards to recipients that are recognized under subsections 7a7 and 7b74 7f7 ,notice of funding opportunities ,notwithstanding any other provision of law or regulation1 the ,secretary shall ensure that any notice of funding opportunity or availability for discretionary grant funding issued by the ,secretary contains the preferences under subsection 7e74 7g7 ,timing of requirement ,subsection 7f7 shall apply to any notice of funding opportunity or availability issued after the date of enactment of this ,act4 7h7 ,additional incentives ,in addition to the grant preferences under subsection 7e71 the ,secretary may provide additional incentives to recipients that are recognized under subsections 7a7 and 7b74 7i7 ,reporting ,the ,secretary shall-- 7#a7 make available on the ,department of ,transportation's website a list of recipients being recognized for excellent ,disadvantaged ,business ,enterprise or ,,acdbe programs under subsections 7a7 and 7b72 7#b7 include a rationale for why the ,secretary is recognizing the recipients described in paragraph 7#a72 7#c7 provide information regarding the recipients' ,disadvantaged ,business ,enterprise or ,,acdbe programs1 including a link to the recipients' program website2 and 7#d7 annually update the information required under this subsection4 7j7 ,authorization of appropriations ,there is authorized to carry out this section #b1jjj1jjj for each of fiscal years #bjbd through #bjbh4 #ac4 ,reporting requirements and standards for waivers and exemptions 7a7 ,reporting requirements ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall update parts #bc and #bf of title #di1 ,code of ,federal ,regulations1 to require each concerned operating administration or model agency to annually report to the ,secretary any waiver or exemption such administration or agency grants to a recipient from any requirement under parts #bc and #bf of title #di1 ,code of ,federal ,regulations4 7b7 ,contents of reports ,the reports under subsection 7a7 shall contain the following information3 7#a7 ,the name of the recipient granted the waiver or exemption4 7#b7 ,the name of the concerned operating administration or model agency that granted the waiver or exemption4 7#c7 ,any provision that the recipient received a waiver or exemption from4 7#d7 ,the reason the concerned operating administration or model agency granted the waiver4 7#e7 ,a description of the conditions in the recipient's jurisdiction that made the situation appropriate to grant the recipient's program proposal4 7#f7 ,the duration of the waiver4 7#g7 ,the public participation a recipient conducted in developing such recipient's request1 including any consultations with the ,disadvantaged ,business ,enterprise and ,,acdbe communities4 7#h7 ,any other information the ,secretary determines necessary4 7c7 ,posting on website ,not later than #ij days after the date on which a report is required to be filed under subsection 7a71 the ,secretary shall in a full-text searchable1 sortable1 and downloadable format for access by the public-- 7#a7 make the reports submitted to the ,secretary under subsection 7a7 available on the website of the ,department of ,transportation2 7#b7 report the total number of waivers or exemptions that a concerned operating administration or model agency granted that year2 and 7#c7 report the total number of waivers or exemptions that a recipient applied for or was granted that year4 7d7 ,standards for granting waivers ,not later than #b years after the date of enactment of this ,act1 and every #e years thereafter1 the ,secretary shall issue such regulations as may be necessary to update regulations regarding the standards for granting waivers or exemptions to a recipient from any requirement under parts #bc and #bf of title #di1 ,code of ,federal ,regulations1 in order to minimize the improper granting of such waivers or exemptions4 7e7 ,considerations ,in carrying out subsection 7d71 the ,secretary shall consider-- 7#a7 creating a uniform list of reasons for granting waivers or exemptions2 7#b7 creating a uniform list of conditions in jurisdictions that are appropriate for granting waivers or exemptions2 7#c7 limiting the number of waivers or exemptions a recipient can receive2 7#d7 requiring a recipient to conduct more public hearings and consultations with the ,disadvantaged ,business ,enterprise and ,,acdbe communities before a proposal for a waiver or exemption can be granted2 and 7#e7 increasing the level of standard for which a recipient's proposal must meet before a concerned operating administration or model agency will grant a waiver or exemption to a recipient4 7f7 ,auditing 7#a7 ,in general ,the ,secretary shall periodically 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 requirement under parts #bc and #bf of title #di1 ,code of ,federal ,regulations4 7#b7 ,use of information ,the findings of the audits under paragraph 7#a7 shall inform any updates to the regulations that the ,secretary issues or updates under subsection 7d74 7g7 ,authorization of appropriations ,there is authorized to carry out this section #c1jjj1jjj for each of fiscal years #bjbd through #bjbh4 #ad4 ,advisory committee on disadvantaged business enterprises and ,a,c,d,b,es 7a7 ,disadvantaged business enterprise and ,,acdbe advisory committee 7#a7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall establish a ,disadvantaged ,business ,enterprise and ,,acdbe ,advisory ,committee 7in this section referred to as the ,committee74 7#b7 ,duties ,the duties of the ,committee shall be to provide a forum for stakeholders to discuss and make policy recommendations to ,congress with respect to advancing the success of ,disadvantaged ,business ,enterprises and ,a,c,d,b,es in the transportation1 infrastructure1 construction1 and building industries4 7#c7 ,membership 7,a7 ,voting members ,the ,committee shall be composed of the following voting members3 7i7 ,the ,secretary or the ,secretary's designee4 7ii7 ,the ,administrator or the ,administrator's designee4 7iii7 ,a representative of ,state governments4 7iv7 ,a representative of local governments4 7v7 ,a representative of county governments4 7vi7 ,a representative of ,state ,departments of ,transportation4 7vii7 ,a representative of transit agencies4 7viii7 ,a representative of airports4 7ix7 ,a representative from the ,conference of ,minority ,transportation ,officials4 7x7 ,two individuals who have experience advocating for ,disadvantaged ,business ,enterprises or ,a,c,d,b,es4 7xi7 ,two or more representatives from ,disadvantaged ,business ,enterprises or ,a,c,d,b,es owned by persons of color4 7xii7 ,two or more representatives from ,disadvantaged ,business ,enterprises or ,a,c,d,b,es owned by women4 7,b7 ,appointing authority ,the ,secretary shall appoint all members of the ,committee1 except for the ,administrator1 who shall have a self-executing appointment4 7,c7 ,appointment replacement ,the ,secretary shall promptly appoint a replacement for any member whose term has expired or who has resigned from the ,committee4 7,d7 ,term length 7i7 ,in general ,each member1 except for the ,secretary or the ,administrator1 shall serve for an initial term of #d years on the ,committee4 7ii7 ,reappointment ,a member whose term has expired may be reappointed to the ,committee for subsequent terms4 7,e7 ,service continuation ,a member whose term has expired may continue to serve until the ,secretary has appointed a replacement member4 7,f7 ,non-voting members ,the ,secretary may allow additional interested stakeholders to attend and participate in the activities of the ,committee as non-voting members4 7#d7 ,meetings ,the ,committee shall meet not less frequently than-- 7,a7 #d times per year until the report under paragraph 7#e7 is submitted2 and 7,b7 #b times per year after such report is submitted4 7#e7 ,report 7,a7 ,in general ,not later than #b years after the establishment of the ,committee1 the ,committee shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,environment and ,public ,works of the ,senate1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate1 the ,committee on ,small ,business and ,entrepreneurship of the ,senate1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on ,small ,business of the ,house of ,representatives a report that contains recommendations1 supported by at least a majority of all voting members4 ,such report shall include recommendations regarding-- 7i7 policy or regulatory changes to help increase the success of ,disadvantaged ,business ,enterprises or ,a,c,d,b,es in the transportation construction and building industries2 7ii7 policy or regulatory changes to help increase the number of prime contractors that are ,disadvantaged ,business ,enterprises or ,a,c,d,b,es2 7iii7 policy or regulatory changes to address the penalization that occurs when businesses owned by women or persons of color become too large to qualify as ,disadvantaged ,business ,enterprises or ,a,c,d,b,es2 7iv7 policy or regulatory changes to address the structural and legacy barriers faced by women and persons of color in attempting to enter or succeed in the transportation1 construction1 and building industries2 7v7 policy or regulatory changes to increase the access of ,disadvantaged ,business ,enterprises or ,a,c,d,b,es to financial capital and other necessary ancillary services to succeed2 and 7vi7 ways to make existing ,federal technical assistance programs such as small business transportation resource centers1 small business development centers1 minority business development centers1 and procurement technical assistance centers work better and reach more ,disadvantaged ,business ,enterprises and ,a,c,d,b,es4 7,b7 ,dissenting views ,the report in subparagraph 7,a7 shall include a section allowing any dissenting views and the dissent's rationale from the majority's recommendations4 7#f7 ,additional reports ,after the submission of the report under paragraph 7#e71 the ,committee shall1 from time to time at an appropriate time determined by the ,committee1 submit to the ,secretary and ,congress subsequent reports that are consistent with the duties of the ,committee described in paragraph 7#b74 7#g7 ,compensation ,members of the ,committee shall serve without compensation1 but may be allowed travel expenses1 including per diem in lieu of subsistence1 in accordance with subchapter ,i of chapter #g of title #e1 ,united ,states ,code4 7#h7 ,support ,the ,secretary shall use the resources of the ,department of ,transportation and the ,office of the ,secretary to provide support to the ,committee4 7b7 ,termination ,the ,committee shall terminate on the date that is #e years after the date on which the ,committee is established under subsection 7a74 7c7 ,regulations ,the ,secretary shall have the authority to issue or modify any regulations necessary to carry out subsection 7a74 7d7 ,conforming amendment ,sections #ajjeja1 #ajjejb1 and #ajjejc of the ,infrastructure ,investment and ,jobs ,act 7,public ,law #aag-eh7 are repealed4 #ae4 ,definition of assets under the ,small ,business ,act 7a7 ,definition of assets ,section #h7;a77#f77;,e7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;a77#f77;,e77 is amended-- 7#a7 in clause 7ii71 by striking the period at the end and inserting a semicolon2 and 7#b7 by adding the following new clauses3 7iii7 retirement savings accounts of disadvantaged owners2 7iv7 investments in real estate other than primary personal residences of disadvantaged owners2 and 7v7 equity in businesses that are not certified under this subsection of disadvantaged owners4 4 7b7 ,rulemaking ,not later than #a year after the date of the enactment of this ,act1 the ,administrator shall issue or amend such rules as are necessary to carry out the amendments made by subsection 7a74