I 112th CONGRESS 1st Session H. R. 3513 IN THE HOUSE OF REPRESENTATIVES November 29, 2011 Ms. Brown of Florida (for herself, Mr. Cummings, Mr. Thompson of Mississippi, Mr. Clarke of Michigan, Mr. Clay, Mr. Johnson of Georgia, Mr. Davis of Illinois, Ms. Lee of California, Mr. Conyers, Ms. Jackson Lee of Texas, Ms. Moore, Mr. David Scott of Georgia, Ms. Wilson of Florida, Ms. Hanabusa, Ms. Sewell, Mr. Scott of Virginia, Ms. Richardson, Mr. Bishop of Georgia, Mr. Gutierrez, Mr. Lewis of Georgia, Mrs. Napolitano, Ms. Clarke of New York, Mr. Pierluisi, Mr. Towns, Mr. Payne, Ms. Eddie Bernice Johnson of Texas, Ms. Edwards, Mr. Meeks, Mr. Hastings of Florida, Ms. Waters, Mr. Richmond, Mr. Rush, Mr. Rangel, Ms. Norton, and Mr. Cleaver) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require at least 10 percent of certain transportation funding to be made available for small business concerns owned and controlled by socially and economically disadvantaged individuals.

1.

Disadvantaged business enterprises

(a)

Availability of funds

Except to the extent that the Secretary of Transportation determines otherwise, not less than 10 percent of the amounts made available for any program under the jurisdiction of the Federal Railroad Administration shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals. (b)

Definitions

In this section, the following definitions apply: (1)

Small business concern

The term small business concern has the meaning that term has under section 3 of the Small Business Act (15 U.S.C. 632), except that the term shall not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals which has average annual gross receipts over the preceding 3 fiscal years in excess of $22,410,000, as adjusted annually by the Secretary of Transportation for inflation. (2)

Socially and economically disadvantaged individuals

The term socially and economically disadvantaged individuals has the meaning that term has under section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this section.