108 STAT. 1268 PUBLIC LAW 103-272—JULY 5, 1994 §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(c) of the Act (15 U.S.C. 637(c)) and relevant subcontracting regulations prescribed under section 8(c), except that women are presumed to be socially and economically disadvantaged. (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. (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. §47114. Apportionments (a) DEFINITION. —In this section, "amount subject to apportionment" means the amount newly made available under section 48103 of this title for a fiscal year. (b) APPORTIONMENT DATE.— On the first day of each fiscal year, the Secretary of Transportation shall apportion the amount subject to apportionment for that fiscal year as provided in this section. (c) AMOUNTS APPORTIONED TO SPONSORS. — (1)(A) The Secretary shall apportion to the sponsor of each primary airport for each fiscal year an amount equal to— (i) $7.80 for each of the first 50,000 passenger boardings at the airport during the prior calendar year; (ii) $5.20 for each of the next 50,000 passenger boardings at the airport during the prior calendar year; (iii) $2.60 for each of the next 400,000 passenger boardings at the airport during the prior calendar year; and (iv) $.65 for each additional passenger boarding at the airport during the prior calendar year. (B) Not less than $400,000 nor more than $22,000,000 may be apportioned under subparagraph (A) of this paragraph to an airport sponsor for a primary airport for each fiscal year. (2)(A) The Secretary shall apportion to the sponsors of airports served by aircraft providing air transportation of only cargo with a total annual landed weight of more than 100,000,000 pounds for each fiscal year an amount equal to 3.5 percent of the amount
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