49 Usc 47107

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(e) Written Assurances of Opportunities for Small Business Concerns.-(1) The Secretary of Transportation may
approve a project grant application under this subchapter for an airport development project only if the Secretary
receives written assurances, satisfactory to the Secretary, that the airport owner or operator will take necessary
action to ensure, to the maximum extent practicable, that at least 10 percent of all businesses at the airport
selling consumer products or providing consumer services to the public are small business concerns (as defined
by regulations of the Secretary) owned and controlled by a socially and economically disadvantaged individual
(as defined in section 47113(a) of this title) or qualified HUBZone small business concerns (as defined in section
31(b) of the Small Business Act).
(2) An airport owner or operator may meet the percentage goal of paragraph (1) of this subsection by including
any business operated through a management contract or subcontract. The dollar amount of a management
contract or subcontract with a disadvantaged business enterprise shall be added to the total participation by
disadvantaged business enterprises in airport concessions and to the base from which the airport's percentage
goal is calculated. The dollar amount of a management contract or subcontract with a non-disadvantaged
business enterprise and the gross revenue of business activities to which the management contract or subcontract
pertains may not be added to this base.
(3) Except as provided in paragraph (4) of this subsection, an airport owner or operator may meet the percentage
goal of paragraph (1) of this subsection by including the purchase from disadvantaged business enterprises of
goods and services used in businesses conducted at the airport, but the owner or operator and the businesses
conducted at the airport shall make good faith efforts to explore all available options to achieve, to the maximum
extent practicable, compliance with the goal through direct ownership arrangements, including joint ventures
and franchises.
(4)(A) In complying with paragraph (1) of this subsection, an airport owner or operator shall include the
revenues of car rental firms at the airport in the base from which the percentage goal in paragraph (1) is
calculated.
(B) An airport owner or operator may require a car rental firm to meet a requirement under paragraph (1) of this
subsection by purchasing or leasing goods or services from a disadvantaged business enterprise. If an owner or
operator requires such a purchase or lease, a car rental firm shall be permitted to meet the requirement by
including purchases or leases of vehicles from any vendor that qualifies as a small business concern owned and
controlled by a socially and economically disadvantaged individual or as a qualified HUBZone small business
concern (as defined in section 31(b) of the Small Business Act).
(C) This subsection does not require a car rental firm to change its corporate structure to provide for direct
ownership arrangements to meet the requirements of this subsection.
(5) This subsection does not preempt(A) a State or local law, regulation, or policy enacted by the governing body of an airport owner or operator; or
(B) the authority of a State or local government or airport owner or operator to adopt or enforce a law,
regulation, or policy related to disadvantaged business enterprises.

(6) An airport owner or operator may provide opportunities for a small business concern owned and controlled
by a socially and economically disadvantaged individual or a qualified HUBZone small business concern (as
defined in section 31(b) of the Small Business Act) to participate through direct contractual agreement with that
concern.
(7) An air carrier that provides passenger or property-carrying services or another business that conducts
aeronautical activities at an airport may not be included in the percentage goal of paragraph (1) of this
subsection for participation of small business concerns at the airport.
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(8) Not later than April 29, 1993, the Secretary of Transportation shall prescribe regulations to carry out this
subsection.

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