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S. 2838 (114th): Small Business Transforming America’s Regions Act of 2016


The text of the bill below is as of May 24, 2016 (Reported by Senate Committee). The bill was not enacted into law.


II

Calendar No. 482

114th CONGRESS

2d Session

S. 2838

IN THE SENATE OF THE UNITED STATES

April 21, 2016

(for himself, Mr. Peters, and Mrs. Shaheen) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship

May 24, 2016

Reported by , with amendments

Omit the part struck through and insert the part printed in italic

A BILL

To improve the HUBZone program.

1.

Short title

This Act may be cited as the Small Business Transforming America's Regions Act of 2016.

2.

Modification to the HUBZone program

(a)

In general

Section 3(p) of the Small Business Act (15 U.S.C. 632(p)) is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (E), by striking or at the end;

(B)

by redesignating subparagraph (F) as subparagraph (G); and

(C)

by inserting after subparagraph (E) the following:

(F)

another qualified area designated by the Administrator under section 31(d); or

; and

(2)

in paragraph (4)(C), by striking until the later of and all that follows and inserting for the 7-year period following the date on which the census tract or nonmetropolitan county ceased to be so qualified..

(b)

Applicability

The amendment made by subsection (a)(2) shall apply to any census tract or nonmetropolitan county that becomes a redesignated area under section 3(p)(4)(C) of the Small Business Act (15 U.S.C. 632(p)(4)(C)) on or after the date that is 3 years before the date of enactment of this Act.

(c)

Other qualified areas

Section 31 of the Small Business Act (15 U.S.C. 657a) is amended—

(1)

by redesignating subsection (d) as subsection (e); and

(2)

by inserting after subsection (c) the following:

(d)

Other qualified areas

(1)

Definitions

In this subsection—

(A)

the term governor means the chief executive of a State; and

(B)

the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.

(2)

Designation

A governor may petition the Administrator to designate 1 or more census tracts in the State of the governor as a HUBZone if each tract nonmetropolitan counties in the State as a HUBZone if each nonmetropolitan county

(A)

has a median household income that is less than 70 percent 90 percent of the median household income of the State in which the tract nonmetropolitan county is located based on the most recent data available from the Bureau of the Census;

(B)

has an unemployment rate that is not less than 120 percent of the average unemployment rate of the United States or of the State in which the tract nonmetropolitan county is located, whichever is less, based on the most recent data available from the Department of Labor; or

(C)

meets other criteria determined by the Administrator.

(3)

Petition

With respect to a petition submitted by a governor to the Administrator under paragraph (2)—

(A)

the governor may submit not more than 1 petition in a fiscal year unless the Administrator determines that an additional petition from the State of the governor is appropriate;

(B)

the governor may not submit a petition for more than 30 percent of the total number of census tracts nonmetropolitan counties in the State of the governor; and

(C)

if the Administrator grants the petition and designates 1 or more census tracts nonmetropolitan counties as a HUBZone, the governor shall, not less frequently than annually, submit data to the Administrator certifying that each census tract nonmetropolitan county continues to meet the criteria establishing the eligibility of the tract nonmetropolitan county under the HUBZone program.

(4)

Process

The Administrator shall establish procedures to—

(A)

ensure that the Administration accepts petitions under paragraph (2) from all States each fiscal year; and

(B)

provide technical assistance, before the filing of a petition under paragraph (2), to a governor who is interested in filing such a petition.

.

3.

Filing of petitions for reconsideration of size standards

(a)

Definition

In this section, the term covered period means the period beginning on November 25, 2015 and ending on the effective date of the regulations establishing procedures to implement section 3(a)(9) of the Small Business Act (15 U.S.C. 632(a)(9)).

(b)

Petitions for reconsideration

(1)

Acceptance of applications

Section 3(a)(9)(A) of the Small Business Act (15 U.S.C. 632(a)(9)(A)) is amended by striking A person and inserting On or after the effective date of the regulations establishing procedures to implement this paragraph, a person.

(2)

Covered period

Notwithstanding section 3(a)(9)(B) of the Small Business Act (15 U.S.C. 632(a)(9)(B)), a person filing a petition described in section 3(a)(9)(A) of that Act relating to a size standard that is revised, modified, or established during the covered period shall file the petition not later than 30 days after the effective date of the regulations establishing procedures to implement section 3(a)(9) of that Act.

4.

Past performance credit for subcontractors

Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is amended by adding at the end the following:

(17)

Past performance credit for certain small business subcontractors

(A)

In general

A prime contractor for a covered contract, as that term is defined in paragraph (13)(A), shall provide a past performance rating for the Contractor Performance Assessment Rating System, the Past Performance Information Retrieval System, or any successor system for any subcontractor used by the prime contractor in performing the covered contract as part of the performance reporting by the prime contractor for the covered contract.

(B)

Time for completion

A prime contractor shall submit the past performance rating of a subcontractor not later than 14 days after the date of the completion of performance of the subcontract by the subcontractor.

(C)

Failure to enter information

The failure of a prime contractor to enter the past performance rating of a subcontractor shall be considered when evaluating the past performance of the prime contractor.

(D)

Use of information

A Federal agency shall use a past performance rating provided under subparagraph (A) for a subcontractor that is a small business concern in evaluating the past performance of the subcontractor for purposes of determining whether to award a prime contract to the subcontractor.

.

5.

Membership of the Administrator of the Small Business Administration on the Federal Acquisition Regulatory Council

(a)

Addition of Administrator of Small Business Administration to Federal Acquisition Regulatory Council

Section 1302(b)(1) of title 41, United States Code, is amended—

(1)

in subparagraph (C), by striking and at the end;

(2)

in subparagraph (D), by striking the period and inserting ; and; and

(3)

by adding at the end the following new subparagraph:

(E)

the Administrator of the Small Business Administration.

.

(b)

Conforming Amendments

Such title is further amended—

(1)

in section 1303(a)(1)—

(A)

by striking and the Administrator of National Aeronautics and Space, and inserting the Administrator of National Aeronautics and Space, and the Administrator of the Small Business Administration,; and

(B)

by striking and the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.), and inserting the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.), and the Small Business Act (15 U.S.C. 631 et seq.),; and

(2)

in section 1121(d), by striking and the General Services Administration and inserting the General Services Administration, and the Small Business Administration.

May 24, 2016

Reported with amendments