49 U.S.C. § 47113 — Minority and disadvantaged business participation

(a) Definitions — (1) "Small business concern" normally has the meaning given in the Small Business Act, but a construction-industry business counts as small if it meets the size standard for a specific industry classification code, as the Small Business Administration adjusts it. (2) "Socially and economically disadvantaged individual" has the meaning given in section 8(d) of the Small Business Act and its subcontracting rules, except that women are automatically presumed to be disadvantaged. (3) "Qualified HUBZone small business concern" has the meaning given in the Small Business Act.

(b) General Requirement — Unless the Secretary decides otherwise, at least 10 percent of the money available each fiscal year under section 48103 must be spent with small business concerns owned and controlled by socially and economically disadvantaged individuals, or with qualified HUBZone small business concerns.

(c) Uniform Criteria — The Secretary must set minimum uniform standards for states and airport sponsors to use when certifying whether a business qualifies. Those standards must include on-site visits, personal interviews, checking licenses, analyzing stock ownership and bonding capacity, listing equipment and completed work, gathering owner resumes, assessing financial capacity, and noting preferred type of work.

(d) Surveys and Lists — Each state or airport sponsor must survey and compile, every year, a list of qualifying small businesses under subsection (b) and where in the state each one is located.

(e) Mandatory Training Program — (1) Within one year of enactment, the Secretary must create a mandatory, streamlined training program on certifying whether a small business qualifies under this section or under section 47107(e). (2) One or more private entities the Secretary approves may run the training. (3) It applies to an airport sponsor's official or agent who either (A) must certify that the airport will meet the percentage goals of this section or section 47107(e)(1), or (B) decides whether a business qualifies under this section or section 47107(e).

(f) Supportive Services — (1) At an airport sponsor's request, the Secretary, working with the FAA Administrator, may use grant money to help develop, run, and manage training and assistance programs tied to airport-improvement projects covered by federal disadvantaged-business rules, so qualifying small businesses can compete equally for contracts and subcontracts. (2) Entities eligible for this assistance include a state; a political subdivision of a state or local government; a tribal government; an airport sponsor; a metropolitan planning organization; a group made up of any of those; or any other organization the Secretary considers appropriate.