
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC47113]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                  PART B--AIRPORT DEVELOPMENT AND NOISE
 
                    CHAPTER 471--AIRPORT DEVELOPMENT
 
                    SUBCHAPTER I--AIRPORT IMPROVEMENT
 
Sec. 47113. Minority and disadvantaged business participation

    (a) Definitions.--In this section--
        (1) ``small business concern''--
            (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) \1\).
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    \1\ So in original. Probably should be ``632(p)''.

    (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.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1268; Pub. L. 103-
429, Sec. 6(65), Oct. 31, 1994, 108 Stat. 4386; Pub. L. 105-135, title 
VI, Sec. 604(h)(2), Dec. 2, 1997, 111 Stat. 2635.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
47113(a)..............................  49 App.:2204(d)(2).              Sept. 
3, 1982, Pub. L. 97-248, 96 Stat.
                                                                          324, 
Sec.  505(d); added Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.  105(f),
                                                                          101 S
tat. 1493; Oct. 31, 1992, Pub. L.
                                                                          102-5
81, Sec.  117(c), 106 Stat. 4883.
47113(b)..............................  49 App.:2204(d)(1).
47113(c)..............................  49 App.:2204(d)(4).
47113(d)..............................  49 App.:2204(d)(3).
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---------------------------------

    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.


                               Amendments

    1997--Subsec. (a). Pub. L. 105-135, Sec. 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, Sec. 604(h)(2)(B), inserted ``or 
qualified HUBZone small business concerns'' before period at end.
    1994--Subsec. (a)(2). Pub. L. 103-429 substituted ``8(d)'' for 
``8(c)'' in two places and ``637(d))'' for ``637(c))''.


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section 3 
of Pub. L. 105-135, set out as a note under section 631 of Title 15, 
Commerce and Trade.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-429 effective July 5, 1994, see section 9 
of Pub. L. 103-429, set out as a note under section 321 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 47107, 47119 of this title.
