I 118TH CONGRESS 1ST SESSION H. R. 2485 To require certain recipients of funds for disadvantaged business enterprises to provide an analysis of efforts to expand opportunities available to disadvantaged business enterprises to participate in the DBE program. IN THE HOUSE OF REPRESENTATIVES APRIL 6, 2023 Mr. CASTRO of Texas (for himself, Ms. LEE of California, Ms. BARRAGA´N, Mr. EVANS, Mr. GARCI´A of Illinois, Ms. MOORE of Wisconsin, and Ms. NORTON) introduced the following bill; which was referred to the Com- mittee on Transportation and Infrastructure A BILL To require certain recipients of funds for disadvantaged busi- ness enterprises to provide an analysis of efforts to ex- pand opportunities available to disadvantaged business enterprises to participate in the DBE program. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Expanding Opportuni- 4 ties for Diverse Entrepreneurs Act’’. 5 VerDate Sep 11 2014 22:45 Apr 13, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2485.IH H2485 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 2485 IH SEC. 2. DISADVANTAGED BUSINESS ENTERPRISE OUT- 1 REACH EFFORTS. 2 (a) ESTABLISHMENT.—Each recipient of financial 3 assistance provided by the Department of Transportation 4 that is required to implement a DBE program that con- 5 forms to the requirements of part 23 and 26 of title 49, 6 Code of Federal Regulations, shall direct the disadvan- 7 taged business enterprise liaison officer, or the individual 8 responsible for implementing the requirements of the 9 DBE program, to carry out the duties described in sub- 10 section (b). 11 (b) DUTIES.—The duties of a disadvantaged business 12 enterprise liaison officer, or the individual responsible for 13 implementing the requirements of the DBE program, shall 14 include tracking and providing an analysis of all efforts 15 to expand knowledge of services and opportunities avail- 16 able to non-certified disadvantaged business enterprises 17 and disadvantaged business enterprises certified in the 18 DBE program to facilitate the capacity of the enterprise 19 to compete for, and perform on, federally assisted trans- 20 portation contracts and procurement activities, includ- 21 ing— 22 (1) minimum outreach, training, workshops, 23 and education efforts, including business develop- 24 ment programs, courses, conferences, networking 25 events, marketing to publicize a DBE program; and 26 VerDate Sep 11 2014 22:45 Apr 13, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2485.IH H2485 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 2485 IH online development support, informative workshops; 1 and 2 (2) such other information as the Secretary 3 considers appropriate. 4 SEC. 3. COLLECTION OF INFORMATION; REPORT. 5 (a) COLLECTION OF INFORMATION.—The Secretary 6 of Transportation shall require disadvantaged business en- 7 terprise liaison officers, or the individual responsible for 8 implementing the requirements of a DBE program, to— 9 (1) collect the information required under sec- 10 tion 2(b)(2) and submit such information to the ap- 11 propriate operating administration; and 12 (2) submit to the Committee on Transportation 13 and Infrastructure and the Committee on Small 14 Business of the House of Representatives a report 15 on the efforts to carry out the duties described in 16 section 2(b). 17 (b) REPORT ON PROGRESS OF DBE PROGRAM.— 18 (1) IN GENERAL.—Not later than 1 year after 19 the date of enactment of this Act, and annually 20 thereafter, the Secretary of Transportation shall 21 submit to Congress a report on the disadvantaged 22 business enterprises program carried out by the De- 23 partment of Transportation pursuant to section 24 VerDate Sep 11 2014 22:45 Apr 13, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2485.IH H2485 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 2485 IH 11101(e) of the Infrastructure Investment and Jobs 1 Act (23 U.S.C. 101 note). 2 (2) CONTENTS.— 3 (A) IN GENERAL.—The report required 4 under subsection (a) shall include, at a min- 5 imum, the percentage and dollar amount of 6 Federal funds paid to small business concerns 7 owned and controlled by socially and economi- 8 cally disadvantaged individuals in the prior fis- 9 cal year for each State and territory of the 10 United States, disaggregated by race, sex, and 11 any other federally recognized category. 12 (B) PUBLIC AVAILABILITY.—The Secretary 13 of Transportation shall publicly disclose on the 14 website of each operating administration, in a 15 searchable, exportable, and easy to find manner 16 in the uniform report of DBE awards—commit- 17 ments and payments specified in part 26 of title 18 49, Code of Federal Regulations, for each 19 State. 20 SEC. 4. DEFINITIONS. 21 In this Act: 22 (1) DBE PROGRAM.—The term ‘‘DBE pro- 23 gram’’ means the disadvantaged business enterprise 24 program that is carried out by— 25 VerDate Sep 11 2014 22:45 Apr 13, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2485.IH H2485 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 2485 IH (A) with respect to the Federal Highway 1 Administration, any recipient or subrecipient of 2 DOT funds that awards prime contracts exceed- 3 ing a total of $250,000 in a fiscal year; 4 (B) with respect to the Federal Transit 5 Administration, any recipient of DOT funds 6 that awards prime contracts exceeding a total 7 of $250,000 in a fiscal year; and 8 (C) with respect to the Federal Aviation 9 Administration, any recipient of DOT funds 10 subject to part 23 and 26 of title 49, Code of 11 Federal Regulations, that awards prime con- 12 tracts exceeding a total of $250,000 in a fiscal 13 year. 14 (2) SMALL BUSINESS CONCERN; SOCIALLY AND 15 ECONOMICALLY DISADVANTAGED INDIVIDUALS.— 16 The terms ‘‘small business concern’’ and ‘‘socially 17 and economically disadvantaged individuals’’ have 18 the meanings given such terms in section 11101(e) 19 of the Infrastructure Investment and Jobs Act (23 20 U.S.C. 101 note). 21 Æ VerDate Sep 11 2014 22:45 Apr 13, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H2485.IH H2485 pbinns on DSKJLVW7X2PROD with $$_JOB