(A)has the same meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632); but
(B)does not include a concern, or group of concerns controlled by the same socially and economically disadvantaged individual, that has average annual gross receipts over the prior 3 fiscal years of more than $16,015,000, as adjusted by the Secretary of Transportation for inflation;
(2)“socially and economically disadvantaged individual” has the same meaning given that term in section 8(d) of the Act (15 U.S.C. 637(d)) and relevant subcontracting regulations prescribed under section
8(d), except that women are presumed to be socially and economically disadvantaged; and
(3)the term “qualified HUBZone small business concern” has the meaning given that term in section 3(p) of the Small Business Act (15 U.S.C. 632(o)).
(b) General Requirement.— Except to the extent the Secretary decides otherwise, at least 10 percent of amounts available in a fiscal year under section
48103 of this title shall be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals or qualified HUBZone small business concerns.
(c) Uniform Criteria.— The Secretary shall establish minimum uniform criteria for State governments and airport sponsors to use in certifying whether a small business concern qualifies under this section. The criteria shall include on-site visits, personal interviews, licenses, analyses of stock ownership and bonding capacity, listings of equipment and work completed, resumes of principal owners, financial capacity, and type of work preferred.
(d) Surveys and Lists.— Each State or airport sponsor annually shall survey and compile a list of small business concerns referred to in subsection (b) of this section and the location of each concern in the State.
(e) Mandatory Training Program.—
(1) In general.— Not later than 1 year after the date of enactment of this subsection, the Secretary shall establish a mandatory training program for persons described in paragraph (3) to provide streamlined training on certifying whether a small business concern qualifies as a small business concern owned and controlled by socially and economically disadvantaged individuals under this section and section
(2) Implementation.— The training program may be implemented by one or more private entities approved by the Secretary.
(3) Participants.— A person referred to in paragraph (1) is an official or agent of an airport sponsor—
(A)who is required to provide a written assurance under this section or section
47107(e) that the airport owner or operator will meet the percentage goal of subsection (b) of this section or section
47107(e)(1), as the case may be; or
(B)who is responsible for determining whether or not a small business concern qualifies as a small business concern owned and controlled by socially and economically disadvantaged individuals under this section or section
In subsection (a)(1)(B), the words “or individuals” are omitted because of 1:1.
In subsection (a)(2), the reference is to section 8(c) of the Act because 15:637(d) was redesignated as 15:637(c) by section 3 of the Women’s Business Development Act of 1991 (Public Law 102–191, 105 Stat. 1591).
In subsection (b), the words “beginning after September 30, 1987” are omitted as obsolete.
Pub. L. 103–429
This amends 49:47113(a)(2) to correct erroneous cross-references.
1997—Subsec. (a). Pub. L. 105–135, § 604(h)(2)(A), substituted semicolon for period at end of par. (1), substituted “; and” for period at end of par. (2), and added par. (3).
Subsec. (b). Pub. L. 105–135, § 604(h)(2)(B), inserted “or qualified HUBZone small business concerns” before period at end.
1994—Subsec. (a)(2). Pub. L. 103–429substituted “8(d)” for “8(c)” in two places and “637(d))” for “637(c))”.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.