(a)
(1) "small business concern"-
(A) has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632); but
(B) in the case of a concern in the construction industry, a concern shall be considered a small business concern if the concern meets the size standard for the North American Industry Classification System Code 237310, as adjusted by the Small Business Administration;
(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 31(b) of the Small Business Act.
(b)
(c)
(d)
(e)
(1)
(2)
(3)
(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 47107(e).
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47113(a) | 49 App.:2204(d)(2). | Sept. 3, 1982,
|
| 47113(b) | 49 App.:2204(d)(1). | |
| 47113(c) | 49 App.:2204(d)(4). | |
| 47113(d) | 49 App.:2204(d)(3). |
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 (
In subsection (b), the words "beginning after September 30, 1987" are omitted as obsolete.
This amends 49:47113(a)(2) to correct erroneous cross-references.
Section 31(b) of the Small Business Act, referred to in subsec. (a)(3), is classified to section 657a(b) of Title 15, Commerce and Trade.
The date of enactment of this subsection, referred to in subsec. (e)(1), is the date of enactment of
2018-Subsec. (a)(1).
"(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;".
Subsec. (a)(3).
2017-Subsec. (a)(3).
2012-Subsec. (e).
1997-Subsec. (a).
Subsec. (b).
1994-Subsec. (a)(2).
Amendment by
Amendment by
Amendment by
"(a)
"(1) While significant progress has occurred due to the establishment of the airport disadvantaged business enterprise program (sections 47107(e) and 47113 of title 49, United States Code), discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in airport-related markets across the Nation. These continuing barriers merit the continuation of the airport disadvantaged business enterprise program.
"(2) Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits. This testimony and documentation shows that race- and gender-neutral efforts alone are insufficient to address the problem.
"(3) This testimony and documentation demonstrates that discrimination across the Nation poses a barrier to full and fair participation in airport-related businesses of women business owners and minority business owners in the racial groups detailed in parts 23 and 26 of title 49, Code of Federal Regulations, and has impacted firm development and many aspects of airport-related business in the public and private markets.
"(4) This testimony and documentation provides a strong basis that there is a compelling need for the continuation of the airport disadvantaged business enterprise program and the airport concessions disadvantaged business enterprise program to address race and gender discrimination in airport-related business.
"(b)
"(1)
"(2)
"(A)
"(B)
"(i) whether requirements relating to the inclusion of prompt payment language in contracts are being satisfied;
"(ii) whether and how airports are enforcing prompt payment requirements;
"(iii) the processes by which covered complaints are received and resolved by airports;
"(iv) whether improvements need to be made to-
"(I) better track covered complaints received by airports; and
"(II) assist the resolution of covered complaints in a timely manner;
"(v) whether changes to prime contractor specifications need to be made to ensure prompt payments to subcontractors; and,
"(vi) whether changes to prime contractor specifications need to be made to ensure prompt payment of retainage to subcontractors.
"(C)
"(3)
"(A)
"(B)
"(1) While significant progress has occurred due to the establishment of the airport disadvantaged business enterprise program (49 U.S.C. 47107(e) and 47113), discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in airport-related markets across the Nation. These continuing barriers merit the continuation of the airport disadvantaged business enterprise program.
"(2) Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits. This testimony and documentation shows that race- and gender-neutral efforts alone are insufficient to address the problem.
"(3) This testimony and documentation demonstrates that discrimination across the Nation poses a barrier to full and fair participation in airport-related businesses of women business owners and minority business owners in the racial groups detailed in parts 23 and 26 of title 49, Code of Federal Regulations, and has impacted firm development and many aspects of airport-related business in the public and private markets.
"(4) This testimony and documentation provides a strong basis that there is a compelling need for the continuation of the airport disadvantaged business enterprise program and the airport concessions disadvantaged business enterprise program to address race and gender discrimination in airport-related business."