text: SECTION. 1. SHORT TITLE; FINDINGS.
  
      (a) Short Title.--This Act may be cited as the ``Telecommunications 
  Economic Opportunity Act of 1995''.
      (b) Findings.--The Congress finds the following:
              (1) It is in the public interest for business enterprises 
          owned by minorities and women to participate in procurement 
          contracts of all providers of telecommunications services.
              (2) The opportunity for full participation in our free 
          enterprise system by business enterprises that are owned by 
          minorities and women is essential if this Nation is to attain 
          social and economic equality for those businesses and improve 
          the functioning of the national economy.
              (3) It is in this Nation's interest to expeditiously 
          improve the economically disadvantaged position of business 
          enterprises that are owned by minorities and women.
              (4) The position of these businesses can be improved 
          through the development by the providers of telecommunications 
          services of substantial long-range and annual goals, which are 
          supported by training and technical assistance, for the 
          purchase, to the maximum practicable extent, of technology, 
          equipment, supplies, services, material and construction from 
          minority business enterprises.
              (5) Procurement policies which include participation of 
          business enterprises that are owned by minorities and women 
          also benefit the communication industry and its consumers by 
          encouraging the expansion of the numbers of suppliers for 
          procurement, thereby encouraging competition among suppliers 
          and promoting economic efficiency in the process.
  
  SEC. 2. PURPOSE.
  
      The purposes of this Act are--
              (1) to encourage and foster greater economic opportunity 
          for business enterprises that are owned by minorities and 
          women;
              (2) to promote competition among suppliers to providers of 
          telecommunications services and their affiliates to enhance 
          economic efficiency in the procurement of telephone corporation 
          contracts and contracts of their State commission-regulated 
          subsidiaries and affiliates;
              (3) to clarify and expand a program for the procurement by 
          State and federally-regulated telephone companies of 
          technology, equipment, supplies, services, materials and 
          construction work from business enterprises that are owned by 
          minorities and women; and
              (4) to ensure that a fair proportion of the total 
          purchases, contracts, and subcontracts for supplies, 
          commodities, technology, property, and services offered by the 
          providers of telecommunications services and their affiliates 
          are awarded to minority and women business enterprises.
  
  SEC. 3. ANNUAL PLAN SUBMISSION.
  
      (a) Annual Plans Required.--
              (1) In general.--The Commission shall require each provider 
          of telecommunications services to submit annually a detailed 
          and verifiable plan for increasing its procurement from 
          business enterprises that are owned by minorities or women in 
          all categories of procurement in which minorities are under 
          represented.
              (2) Contents of plans.--The annual plans required by 
          paragraph (1) shall include (but not be limited to) short- and 
          long-term progressive goals and timetables, technical 
          assistance, and training and shall, in addition to goals for 
          direct contracting opportunities, include methods for 
          encouraging both prime contractors and grantees to engage 
          business enterprises that are owned by minorities and women in 
          subcontracts in all categories in which minorities are under 
          represented.
              (3) Implementation report.--Each provider of 
          telecommunications services shall furnish an annual report to 
          the Commission regarding the implementation of programs 
          established pursuant to this Act in such form as the Commission 
          shall require, and at such time as the Commission shall 
          annually designate.
              (4) Report to congress.--The Commission shall provide an 
          annual report to Congress, beginning in January 1996, on the 
          progress of activities undertaken by each provider of 
          telecommunications services regarding the implementation of 
          activities pursuant to this Act to develop business enterprises 
          that are owned by minorities or women. The report shall 
          evaluate the accomplishments under this Act and shall recommend 
          a program for enhancing the policy declared in this Act, 
          together with such recommendations for legislation as it deems 
          necessary or desirable to further that policy.
      (b) Regulations and Criteria for Determining Eligibility of 
  Minority Business Enterprises for Procurement Contracts.--
              (1) In general.--The Commission shall establish regulations 
          for implementing programs pursuant to this Act that will govern 
          providers of telecommunications services and their affiliates.
              (2) Verifying criteria.--The Commission shall develop and 
          publish regulations setting forth criteria for verifying and 
  determining the eligibility of business enterprises that are owned by 
  minorities or women for procurement contracts.
              (3) Outreach.--The Commission's regulations shall require 
          each provider of telecommunications services and its affiliates 
          to develop and to implement an outreach program to inform and 
          recruit business enterprises that are owned by minorities or 
          women to apply for procurement contracts under this Act.
              (4) Enforcement.--The Commission shall establish and 
          promulgate such regulations necessary to enforce the provisions 
          of this Act.
      (c) Waiver Authority.--The requirements of this section may be 
  waived, in whole or in part, by the Commission with respect to a 
  particular contract or subcontract in accordance with guidelines set 
  forth in regulations which the Commission shall prescribe when it 
  determines that the application of such regulations prove to result in 
  undue hardship or unreasonable expense to a provider of 
  telecommunications services.
  
  SEC. 4. SANCTIONS AND REMEDIES.
  
      (a) False Representation of Businesses; Sanctions.--
              (1) In general.--Any person or corporation, through its 
          directors, officers, or agent, which falsely represents the 
          business as a business enterprise that is owned by minorities 
          or women in the procurement or attempt to procure contracts 
          from telephone operating companies and their affiliates 
          pursuant to this article, shall be punished by a fine of not 
          more than $5,000, or by imprisonment for a period not to exceed 
          5 years of its directors, officers, or agents responsible for 
          the false statements, or by both fine and imprisonment.
              (2) Holding companies.--Any provider of telecommunications 
          services which falsely represents its annual report to the 
          Commission or its implementation of its programs pursuant to 
          this section shall be subject to a fine of $100,000 and be 
          subject to a penalty of up to 5 years restriction from 
          participation in lines of business activities provided for in 
          this Act.
      (b) Independent Cause of Action, Remedies, and Attorney Fees.--
              (1) Discrimination prohibited.--No otherwise qualified 
          business enterprise that is owned by minorities or women shall 
          solely, by reason of its racial, ethnic, or gender composition 
          be excluded from the participation in, be denied the benefits 
          of, or be subjected to discrimination in procuring contracts 
          from telephone utilities.
              (2) Civil actions authorized.--Whenever a qualified 
          business enterprise that is owned by minorities or women has 
          reasonable cause to believe that a provider of 
          telecommunications services or its affiliate is engaged in a 
          pattern or practice of resistance to the full compliance of any 
          provision of this Act, the business enterprise may bring a 
          civil action in the appropriate district court of the United 
          States against the provider of telecommunications services or 
          its affiliate requesting such monetary or injunctive relief, or 
          both, as deemed necessary to ensure the full benefits of this 
          Act.
              (3) Attorneys' fees and costs.--In any action or proceeding 
          to enforce or charge of a violation of a provision of this Act, 
          the court, in its discretion, may allow the prevailing party 
          reasonable attorneys' fees and costs.
  
  SEC. 5. DEFINITIONS.
  
      For the purpose of this Act, the following definitions apply:
              (1) The term ``business enterprise owned by minorities or 
          women'' means--
                      (A) a business enterprise that is at least 51 
                  percent owned by a person or persons who are minority 
                  persons or women; or
                      (B) in the case of any publicly owned business, at 
                  least 51 percent of the stock of which is owned by one 
                  or more persons who are minority persons or women, and 
                  whose management and daily business operations are 
                  controlled by one or more of those persons.
              (2) The term ``minority person'' means persons who are 
          Black Americans, Hispanic Americans, Native Americans, Asian 
          Americans, and Pacific Americans.
              (3) The term ``control'' means exercising the power to make 
          financial and policy decisions.
              (4) The term ``operate'' means the active involvement in 
          the day-to-day management of the business and not merely being 
          officers or directors.
              (5) The term ``Commission'' means the Federal 
          Communications Commission.
              (6) The term ``telecommunications service'' means the 
          offering, on a common carrier basis, of telecommunications 
          facilities, or of telecommunications by means of such 
          facilities. Such term does not include an information service.
target: Telecommunications Economic Opportunity Act of 1995 - Directs the Federal Communications Commission (FCC) to require each provider of telecommunications services (provider) to submit annually a detailed and verifiable plan for increasing its procurement from businesses that are owned by minorities and women in all categories of procurement in which minorities are underrepresented.  Requires each provider to report annually to the FCC regarding implementation of programs established under this Act. Directs the FCC to report annually to the Congress on the progress of activities undertaken by each provider. 
  Directs the FCC to establish regulations for:  (1) implementing programs under this Act; and (2) verifying and determining the eligibility of businesses owned by minorities and women.  Requires each provider and its affiliates to develop and implement an outreach program to inform and recruit eligible businesses to apply for procurement contracts under this Act. Allows for the waiver of such requirements when their application to a provider results in undue hardship or unreasonable expense. 
  Provides sanctions and remedies in the case of:  (1) a business that falsely represents itself as a business owned by minorities or women; or (2) a provider which makes false representations in its annual report to the FCC or in its implementation of programs under this Act.  Prohibits discrimination against eligible businesses attempting to procure contracts from telephone utilities.  Authorizes civil actions by eligible businesses to enforce the provisions of this Act.
feat_title: Telecommunications Economic Opportunity Act of 1995