Gulf Coast Small Business Recovery Act - Requires, for any contract for the procurement of goods or services related to any damage caused as a result of Hurricane Katrina or Rita, or any reconstruction related to such damage, a federal agency to give priority to a business that as of August 28, 2005, had a significant presence in a Gulf hurricane disaster-affected area. Requires an agency to award not less than 30 percent of amounts expended for prime contracts, and not less than 40 percent of amounts expended for subcontracts, on procurements to small businesses that, as of such date, had such a presence. Requires an agency to provide the maximum practicable opportunity for small business participation in all such contracts and subcontracts.
Requires a Gulf hurricane disaster-affected small business to be treated as if it were located in a HUBZone (heavily underutilized business zone) for purposes of favorable loan status under the Small Business Act.
Prohibits, until two years after the enactment of this Act, any federal government facility from being permanently relocated from a location in a Gulf hurricane disaster-affected area to a location outside that area.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3988 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3988
To provide for priority in Federal contracting for businesses in areas
adversely affected by Hurricane Katrina and Hurricane Rita and
treatment of small business concerns adversely affected by Hurricane
Katrina and Hurricane Rita as HUBZone small business concerns, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 6, 2005
Mr. Jindal (for himself, Mr. Baker, Mr. McCrery, Mr. Alexander, and Mr.
Boustany) introduced the following bill; which was referred to the
Committee on Government Reform, and in addition to the Committee on
Small Business, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for priority in Federal contracting for businesses in areas
adversely affected by Hurricane Katrina and Hurricane Rita and
treatment of small business concerns adversely affected by Hurricane
Katrina and Hurricane Rita as HUBZone small business concerns, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Coast Small Business Recovery
Act''.
SEC. 2. PRIORITY FOR SMALL BUSINESS CONCERNS IN PROCUREMENT RELATED TO
HURRICANE KATRINA AND HURRICANE RITA.
(a) Priority for Gulf Hurricane Disaster-Affected Businesses.--
Notwithstanding any other provision of law, for any contract for the
procurement of goods or services related to any damage caused as a
result of Hurricane Katrina or Hurricane Rita or any reconstruction
related to such damage, the head of a Federal department or agency
shall give priority to a business concern that as of August 28, 2005,
had a significant presence in a Gulf hurricane disaster-affected area.
(b) Contract Requirement.--
(1) Small business participation.--For the procurement of
goods and services related to any damage caused as a result of
Hurricane Katrina or Hurricane Rita or any reconstruction
related to such damage, the head of a Federal department or
agency shall award not less than 30 percent of amounts expended
for prime contracts and not less than 40 percent of amounts
expended for subcontracts on procurements to small business
concerns that as of August 28, 2005, had a significant presence
in a Gulf hurricane disaster-affected area.
(2) Opportunities for small businesses.--In carrying out
paragraph (1), the head of a Federal department or agency shall
provide the maximum practicable opportunity for small
businesses participation.
(3) Compliance with subcontracting goals.--In carrying out
paragraph (1), the head of a Federal department or agency shall
ensure that a contract complies with the subcontracting goals
for small business concerns under the Small Business Act (15
U.S.C. 631 et seq.) and Federal Acquisition Regulations.
(4) Report.--Not later than 2 years after the date of the
enactment of this Act, the Administrator of the Small Business
Administration shall submit to Congress a report describing the
opportunities provided for small business concerns under this
subsection.
(5) Termination.--This subsection shall terminate on the
date that is one day after the date on which all Federal
Disaster Declaration notices for Gulf hurricane disaster-
affected areas are lifted.
SEC. 3. TREATMENT OF GULF HURRICANE DISASTER-AFFECTED SMALL BUSINESS
CONCERNS FOR PURPOSES OF HUBZONE PROGRAM.
(a) Treatment of Gulf Hurricane Disaster-Affected Small Business
Concerns.--Notwithstanding any other provision of law, a Gulf hurricane
disaster-affected small business concern shall be treated as if it were
located in a HUBZone for purposes of the program under section 31 of
the Small Business Act (15 U.S.C. 657a).
(b) Applicability.--Subsection (a) shall apply with respect to a
Gulf hurricane disaster-affected small business concern during the
period for which a Federal Disaster Declaration applies for the county
in which such small business concern was located as of August 28, 2005.
SEC. 4. PROHIBITION ON PERMANENT RELOCATION OF FEDERAL FACILITIES FROM
GULF HURRICANE DISASTER-AFFECTED AREAS.
(a) Prohibition.--Notwithstanding any other provision of law, no
facility of the Federal Government shall be permanently relocated from
a location in a Gulf hurricane disaster-affected area to a location
outside that area.
(b) Termination.--Subsection (a) shall terminate upon the
expiration of the two-year period that begins on the date of the
enactment of this Act.
(c) Reports Required.--In the case of a facility of a department of
agency of the Federal Government that is temporarily relocated for a
period of longer than 6 months, the head of that department or agency
shall submit to the House Committee on Government Reform and the Senate
Committee on Homeland Security and Government Affairs, the following
reports:
(1) A report to be submitted not later than 6 months after
the date on which this section takes effect on the status of
the temporary relocation of the facility from a location in a
Gulf hurricane disaster-affected area to a location outside
that area.
(2) Additional reports on such status to be submitted every
6 months thereafter for the duration of the period during which
such facility is temporarily relocated.
SEC. 5. DEFINITIONS.
(a) Gulf Hurricane Disaster-Affected Small Business Concern.--For
purposes of this Act, the term ``Gulf hurricane disaster-affected small
business concern'' means a small business concern that as of August 28,
2005, was located in a Gulf hurricane-affected area.
(b) Gulf Hurricane Disaster.--For purposes of this Act, the term
``Gulf hurricane disaster'' means an event caused by Hurricane Katrina
or Hurricane Rita that is declared to be a major disaster by the
President in accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).
(c) Gulf Hurricane Disaster-Affected Area.--For purposes of this
Act, the term ``Gulf hurricane disaster-affected area'' means a county
or parish in the State of Louisiana, Mississippi, Alabama, or Texas
that has been designated by the Federal Emergency Management Agency for
disaster assistance for individuals and households by reason of
Hurricane Katrina or Hurricane Rita.
(d) Small Business Concern.--For purposes of this Act, the term
``small business concern'' has the meaning given that term under
section 3 of the Small Business Act (15 U.S.C. 632).
SEC. 6. EFFECTIVE DATE.
This Act shall take effect on the date that is 10 days after the
date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Government Reform, and in addition to the Committee on Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Government Reform, and in addition to the Committee on Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Government Reform, and in addition to the Committee on Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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