HR 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.

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: ensure that each covered airport tracks the number of complaints alleging failure of payment to DBE firms performing contract work at that airport, take actions to assess and improve airport compliance with prompt payment regulations, and make such assessment available on an appropriate FAA website.

Bill Text

• Introduced Introduced in House Current html April 25, 2017

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends existing law to enhance training programs and reporting related to disadvantaged business enterprises in the aviation sector.

• 49 U.S.C. § 47113

  The Secretary shall → (1) In general.--The Secretary shall

  Clarifies that the Secretary must establish a training program.

• 49 U.S.C. § 47113

  (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.

  Establishes a requirement for a training program for federal employees involved in certification processes.

• 49 U.S.C. § 47113

  (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.

  Mandates states to keep and update lists of certifying authorities to improve transparency.

• 49 U.S.C. § 47113

  (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.

  Requires the Secretary to publicly report on training participation and account for any decreases in participation.

• 49 U.S.C. § 47113

  (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.

  Imposes a periodic assessment of the training program to ensure its effectiveness.

• 49 U.S.C. § 47113

  (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).

  Mandates a study to analyze trends in participation of small business concerns within a specified timeframe.

• 49 U.S.C. § 47113

  (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.

  Specifies the contents and outcomes expected from the participation trend study.

• 49 U.S.C. § 40117

  (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.

  Requires documentation of good faith efforts to contract with disadvantaged business enterprises in passenger facility charge applications.

Action History

1. April 25, 2017

   Introduced in House

2. April 25, 2017

   Introduced in House

3. April 25, 2017

   Referred to the House Committee on Transportation and Infrastructure.

4. April 25, 2017

   Referred to the Subcommittee on Aviation.

Sponsors

• Gwen Moore · Primary

Subjects