Advocacy

• AMAC is in strong support of a timely reauthorization of FAA Programs, including Airport Improvement Program (AIP) funding, and continuation of the DBE/ACDBE programs. Without congressional action, the authority for these programs will expire on September 30, 2023. The reauthorization of the DBE/ACDBE programs is a critical AMAC priority and we urge AMAC members to fully support their renewal.
• A key feature of the DBE/ACDBE programs is the AIP grant assurance by an airport receiving AIP funding that it will use “good faith efforts” to provide business opportunities to DBE/ACDBEs. AMAC will continue to urge Congress to retain this feature of the Airport Improvement Program.

• AMAC is in strong support of a timely reauthorization of FAA Programs, including Airport Improvement Program (AIP) funding, and continuation of the DBE/ACDBE programs. Without congressional action, the authority for these programs will expire on September 30, 2023. The reauthorization of the DBE/ACDBE programs is a critical AMAC priority and we urge AMAC members to fully support their renewal.
• A key feature of the DBE/ACDBE programs is the AIP grant assurance by an airport receiving AIP funding that it will use “good faith efforts” to provide business opportunities to DBE/ACDBEs. AMAC will continue to urge Congress to retain this feature of the Airport Improvement Program.

• An increase in the Personal Net Worth (PNW) cap much higher than the current $1.32 million threshold is warranted. The substantial capital investment and higher operating costs associated with airport concessions, as well as bonding and insurance costs for capital projects affect the ability of both ACDBEs and DBEs to obtain loans and satisfy financial requirements and commitments established by airports.

• Retirement assets should be excluded from the PNW calculation.
• Reinstate the previously allowed exclusion of up to $3 million of pledged assets necessary to obtain financing or a franchise agreement for initiating or expanding an ACDBE firm.
• The ownership interest in all ACDBEs owned by the same applicant should be excluded from the PNW calculation because the common principal for all affiliates is the disadvantaged individual. The disadvantaged individual should not be penalized for segmenting risks by setting up separate companies for each business venture.

• DOT/FAA should issue guidance and clarity on the calculation for an ACDBE’s business size to ensure that only revenue attributable to an ACDBEs portion/percentage of its ownership interest is counted in that calculation, particularly as this relates to joint ventures.

• DOT/FAA guidance on and consistency of the application of the DBE/ACDBE certification process amongst certifying agencies is needed. The interpretation and understanding of the DBE/ACDBE regulations’ certification requirements varies widely among jurisdictions, and continues to cause inconsistent application of regulatory requirements, jurisdictional disparities and prejudicial outcomes for disadvantaged businesses.
• The interstate certification process must be streamlined because the wide differences in application of that process by certifiers continues to cause burdens for ACDBEs/DBEs seeking certification in multiple states.

• A firm decertified as an DBE or ACDBE by a certifying entity can appeal the decision with DOT and must wait until DOT renders its decision, which can often take 12 months. In addition, if DOT upholds the decertification decision, there is a 12 month waiting period before the firm can re-apply for certification. AMAC believes that this process is unfair.
• AMAC will advocate for a firm to be able to retain its certification status until DOT has rendered its appeal decision

• AMAC strongly supports the Passenger Facility Charge (PFC) program as an important additional funding mechanism to expand needed airport infrastructure. However, many millions of dollars of PFC funds have been spent on airport improvements without the inclusion of goals required to open up opportunities for participation by Minority, Women or Disadvantaged Business Enterprises. Therefore, AMAC strongly supports an Amendment to the PFC statute to include a requirement for participatory goals by these heretofore excluded group of business owners.

AMAC will continue its advocacy role, both independently and in active partnership with existing and new organizational allies and community partners. Together we will seek to:

• Close the gap on diversity in airport leadership.
• Forge additional strategic alliances and partnerships with organizations of mutual benefit and advancement of AMAC’s legislative agenda. Likewise, we strongly urge you to direct the FAA Office of Civil Rights to coordinate with other federal agencies such as the SBA or MBDA to strengthen the focus on small business growth and development.
• AMAC is always supportive of congressional efforts to provide additional funding to airports for capital and other improvement projects. We are here to work with both the Congress and the Airport community in finding ways to help ensure equity in participation opportunities for small, women, and minority-owned firms.