49 U.S.C. § 332

Minority Resource Center

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(a) In this section, “minority” includes women.(b) The Department of Transportation has a Minority Resource Center. The Center may—(1) include a national information clearinghouse for minority entrepreneurs and businesses to disseminate information to them on business opportunities related to the maintenance, rehabilitation, restructuring, improvement, and revitalization of the railroads of the United States;(2) carry out market research, planning, economic and business analyses, and feasibility studies to identify those business opportunities;(3) assist minority entrepreneurs and businesses in obtaining investment capital and debt financing;(4) design and carry out programs to encourage, promote, and assist minority entrepreneurs and businesses in getting contracts, subcontracts, and projects related to those business opportunities;(5) develop support mechanisms (including venture capital, surety and bonding organizations, and management and technical services) that will enable minority entrepreneurs and businesses to take advantage of those business opportunities;(6) participate in, and cooperate with, United States Government programs and other programs designed to provide financial, management, and other forms of support and assistance to minority entrepreneurs and businesses; and(7) make arrangements to carry out this section.(c) The Center has an advisory committee of 5 individuals appointed by the Secretary of Transportation. The Secretary shall make the appointments from lists of qualified individuals recommended by minority-dominated trade associations in the minority business community. Each of those trade associations may submit a list of not more than 3 qualified individuals.(d) The United States Railway Association, the Consolidated Rail Corporation, and the Secretary shall provide the Center with relevant information (including procurement schedules, bids, and specifications on particular maintenance, rehabilitation, restructuring, improvement, and revitalization projects) the Center requests in carrying out this section.(e)Bonding Assistance.—(1)In general.—The Secretary, acting through the Minority Resource Center established under subsection (b), shall provide assistance in obtaining bid, payment, and performance bonds by disadvantaged business enterprises pursuant to subsection (b)(4).(2)Authorization of appropriation.—There is authorized to be appropriated such sums as may be necessary for each of fiscal years 2005 through 2009 to carry out activities under this subsection.(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2428; Pub. L. 109–59, title I, § 1951, Aug. 10, 2005, 119 Stat. 1514.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

332(a)

49:1657a(e).

Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, § 11; added Feb. 5, 1976, Pub. L. 94–210, § 906(2), 90 Stat. 149.

332(b)

49:1657a(a), (c).

332(c)

49:1657a(b).

332(d)

49:1657a(d).

In subsection (b), before clause (1), the word “has” is substituted for “The Secretary shall, within 180 days after February 5, 1976, establish” because the time for establishing the Center has expired and the Center has been established. The words “The Department of Transportation” are added because of the restatement of the section. The words “(hereafter in this section referred to as the ‘Center’)” after “Minority Resource Center” are omitted because of the style of the revised title.

In subsection (b)(1), the word “include” is substituted for “establish and maintain”, and the words “to disseminate information” are substituted for “and disseminate information from”, for clarity. The words “to them . . . related to” are substituted for “to such entrepreneurs and businesses . . . with respect to” to omit unnecessary words. The words “for purposes of furnishing . . . information” before “with respect to” are omitted as surplus.

In subsection (b)(2), the words “those business opportunities” are substituted for “such opportunities” after “identify” for clarity.

In subsection (b)(4), the words “those business opportunities” are substituted for “the maintenance, rehabilitation, restructuring, improvement, and revitalization of the Nation’s railroads” to eliminate surplus words.

In subsection (b)(5), the words “related to the maintenance, rehabilitation, restructuring, improvement, and revitalization of the nation’s railroads” are omitted as unnecessary because of the restatement.

In subsection (b)(7), the words “make arrangements” are substituted for “enter into such contracts, cooperative agreements, or other transactions” to eliminate unnecessary words. The words “as may be necessary” after “transactions” are omitted as surplus. The words “to carry out this section” are substituted for “in the conduct of its functions and duties” for clarity and consistency.

In subsection (c), the words “The Secretary shall make the appointments” and the words “Each of those trade associations may submit a list of not more than” are added for clarity and because of the restatement of the section.

In subsection (d), the words “in carrying out this section” are substituted for “in connection with the performance of its functions” for clarity and consistency.

Editorial NotesAmendments

2005—Subsec. (e). Pub. L. 109–59 added subsec. (e).

Statutory Notes and Related SubsidiariesAbolition of United States Railway Association and Transfer of Functions and Securities

The United States Railway Association abolished effective Apr. 1, 1987, all powers, duties, rights, and obligations of Association relating to Consolidated Rail Corporation under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.) transferred to Secretary of Transportation on Jan. 1, 1987, and any securities of Corporation held by Association transferred to Secretary of Transportation on Oct. 21, 1986, see section 1341 of Title 45, Railroads.

Notes of Decisions
Cited in 3 cases, 1959–2000 · leading case: Org. of Minority Vendors, Inc. v. Illinois Cent. Gulf R.R., 579 F. Supp. 574 (N.D. Ill. 1983).
Org. of Minority Vendors, Inc. v. Illinois Cent. Gulf R.R., 579 F. Supp. 574 (N.D. Ill. 1983). · cites it 2× “49 U.S.C. § 332 . The non-discrimination and affirmative action regulations promulgated under § 803(d) and summarized above have remained in effect.”
Barsh v. Mullins, 338 P.2d 845 (Okla. 1959). · cites it 2× “49 U.S.C.A. § 332 (a, b). The Act specifically provides that "any person, whether carrier, shipper, consignee, or broker, or any officer, employee, agent, or representative thereof" who, by the means of "any false statement or representation, or by the use of any false or…”
United States v. Photogrammetric Data Servs., Inc., 103 F. Supp. 2d 875 (E.D. Va. 2000). “49 U.S.C. § 332 (b). 3 . Petullo, Schafer, and Gibson are cases involving 18 U.”
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