Giving Disadvantaged Businesses Opportunities for Success Act

While significant progress has occurred due to the establishment of the Disadvantaged Business Enterprise program of the Department of Transportation under section 11101(e) of the Infrastructure Investment and Jobs Act (Public Law 117–58), the ACDBE program of the Department of Transportation under part 23 of title 49, Code of Federal Regulations, and the Section 8(a) Business Development Program of the Small Business Administration (established under section 8(a) of the Small Business Act (15 U.S.C. 637)), 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 agencies.

The continuing barriers described in paragraph (1) merit the continuation of the Disadvantaged Business Enterprise program, the ACDBE program, and the Section 8(a) Business Development Program.

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, which show that race- and gender-neutral efforts alone are insufficient to address the problem.

Some examples of the sources described in paragraph (3) include the following:

The testimony and documentation described in paragraphs (3) and (4) 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 businesses.

The testimony and documentation described in paragraphs (3) and (4) provide a strong basis that there is a compelling need for the continuation of Disadvantaged Business Enterprise program, the ACDBE program, and the Section 8(a) Business Development Program to address race and gender discrimination in federally assisted transportation markets and through procurement contracts of Federal agencies.

Administrator— The term Administrator means the Administrator of the Small Business Administration.

Airport concession disadvantaged business enterprise— The terms Airport Concession Disadvantaged Business Enterprise (ACDBE) and ACDBE have the meaning given the term Airport Concession Disadvantaged Business Enterprise (ACDBE) in part 23.3 of title 49, Code of Federal Regulations.

Concerned operating administration— The term concerned operating administration has the meaning given such term in part 26.5 of title 49, Code of Federal Regulations.

Disadvantaged Business Enterprise— The term Disadvantaged Business Enterprise has the meaning given such term in part 26.5 of title 49, Code of Federal Regulations.

Disadvantaged Business Enterprise Advisory Committee— The term Disadvantaged Business Enterprise Advisory Committee means the committee established in section 110 of this Act.

Prime contractor— The term prime contractor has the meaning given such term in section 8701(5) of title 41, United States Code.

Recipient— The term recipient has the meaning given such term in parts 23.3 and 26.5 of title 49, Code of Federal Regulations.

Secretary— The term Secretary means the Secretary of Transportation.

Small business development center— The term small business development center has the meaning given such term in section 3 of the Small Business Act (15 U.S.C. 632).

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 businesses.