[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4960 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4960

    To foster economic development through the involvement of small 
     businesses located in the New York City metropolitan area in 
procurements related to the improvement and reconstruction of the area 
 in New York damaged by the terrorist attacks perpetrated against the 
                  United States on September 11, 2001.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 2002

  Ms. Velazquez (for herself, Mr. Meeks of New York, Mr. Serrano, Mr. 
   Rangel, Mrs. McCarthy of New York, Mr. Owens, Mr. Engel, and Mr. 
   Israel) introduced the following bill; which was referred to the 
   Committee on Small Business, and in addition to the Committee on 
 Financial Services, 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 foster economic development through the involvement of small 
     businesses located in the New York City metropolitan area in 
procurements related to the improvement and reconstruction of the area 
 in New York damaged by the terrorist attacks perpetrated against the 
                  United States on September 11, 2001.

    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 ``Rebuild Infrastructure and Support 
Entrepreneurs Act of 2002''.

SEC. 2. APPLICATION OF SMALL BUSINESS PROCUREMENT GOALS TO RECIPIENTS 
              OF NEW YORK RECOVERY FUNDS.

    (a) Small Business Utilization Plan Required To Receive New York 
Recovery Funds.--No Federal department or agency may provide any New 
York recovery funds to any entity unless--
            (1) such entity has submitted a plan to the Administrator 
        of the Small Business Administration, which--
                    (A) is in such form and submitted in such manner as 
                the Administrator may require; and
                    (B) includes a detailed description of how such 
                entity plans to meet the requirements described in 
                subsection (b);
            (2) the plan of such entity has been approved by the 
        Administrator of the Small Business Administration;
            (3) the entity agrees to give a 10 percent price evaluation 
        adjustment in favor of small business concerns located in the 
        New York City metropolitan area in the competition for any New 
        York recovery contract; and
            (4) the entity agrees to be bound by the requirement of 
        subsection (c).
    (b) Minimum Small Business Procurement Requirements.--An entity 
meets the requirements of this subsection if such entity awards not 
less than--
            (1) 23 percent of the total value of all New York recovery 
        contracts awarded by such entity to small business concerns 
        located in the New York City metropolitan area (including those 
        described in paragraphs (2) and (3));
            (2) 5 percent of the total value of all New York recovery 
        contracts awarded by such entity to small business concerns 
        owned and controlled by women and located in the New York City 
        metropolitan area; and
            (3) 5 percent of the total value of all New York recovery 
        contracts awarded by such entity to small business concerns 
        owned and controlled by socially and economically disadvantaged 
        individuals and located in the New York City metropolitan area.
    (c) Recapture of Funds if Minimum Requirements Not Met.--
            (1) In general.--If any recipient of New York recovery 
        funds fails to meet the requirements described in subsection 
        (b), such recipient shall pay to the Administrator of the Small 
        Business Administration an amount equal to the greater of--
                    (A) the amount (if any) by which--
                            (i) 23 percent of the total value of all 
                        New York recovery contracts awarded by such 
                        recipient, exceeds
                            (ii) the total value of all such contracts 
                        awarded by such recipient to small business 
                        concerns located in the New York City 
                        metropolitan area (including those described in 
                        paragraphs (2) and (3) of subsection (b)); or
                    (B) the amount (if any) by which--
                            (i) 10 percent of the total value of all 
                        New York recovery contracts awarded by such 
                        recipient, exceeds
                            (ii) the sum of--
                                    (I) the total value of all such 
                                contracts awarded by such recipient to 
                                small business concerns owned and 
                                controlled by women and located in the 
                                New York City metropolitan area, and
                                    (II) the total value of all such 
                                contracts awarded by such recipient to 
                                small business concerns owned and 
                                controlled by socially and economically 
                                disadvantaged individuals and located 
                                in the New York City metropolitan area.
            (2) Assistance to small business concerns in new york.--The 
        Administrator of the Small Business Administration shall use 
        any amounts collected under paragraph (1) to provide grants, 
        loans, and other assistance to small business concerns located 
        in the New York City metropolitan area.
    (d) Additional Funds for Meeting Small Business Procurement 
Goals.--
            (1) In general.--Any Federal department or agency which 
        provides New York recovery funds to any entity may provide 
        additional New York recovery funds to such entity if--
                    (A) such entity meets the requirements described in 
                paragraph (2) with respect to the New York recovery 
                funds to which the additional New York recovery funds 
                would be in addition; and
                    (B) such entity meets the requirements of 
                subsection (a) with respect to such additional New York 
                recovery funds.
            (2) Small business procurement goals.--An entity meets the 
        requirements of this paragraph if such entity meets the 
        requirements of subsection (b) determined by substituting ``25 
        percent'' for ``23 percent'' in paragraph (1) thereof.
            (3) Limitations.--
                    (A) Maximum amount.--The amount of any additional 
                New York recovery funds provided under this subsection 
                shall not exceed 2 percent of the amount of the New 
                York recovery funds to which the additional New York 
                recovery funds is in addition.
                    (B) No additions to additions.--No additional New 
                York recovery funds provided under this subsection 
                shall be treated as New York recovery funds for 
                purposes of paragraph (1).
    (e) Definitions.--For purposes of this section:
            (1) New york recovery funds.--The term ``New York recovery 
        funds'' means any grant or other provision of funds by a 
        Federal department or agency (except procurements by such 
        department or agency) to a non-Federal entity for the purpose 
        of improving or reconstructing the area in New York damaged by 
        the terrorist attacks perpetrated against the United States on 
        September 11, 2001.
            (2) New york recovery contract.--The term ``New York 
        recovery contract'' means, with respect to any New York 
        recovery funds, any prime contract for goods or services if--
                    (A) such contract is awarded for the purpose of 
                improving or reconstructing the area in New York 
                damaged by the terrorist attacks perpetrated against 
                the United States on September 11, 2001, by the entity 
                which received such funds; and
                    (B) any portion of such contract is funded by such 
                funds.
            (3) New york city metropolitan area.--The term ``New York 
        City metropolitan area'' means Bronx, Delaware, Dutchess, 
        Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, 
        Rockland, Suffolk, Sullivan, Ulster, and Westchester counties 
        in the State of New York.
            (4) Non-federal entity.--The term ``non-Federal entity'' 
        means any person, municipality, State or political subdivision 
        thereof, or other entity, except such term does not include any 
        Federal department or agency.
            (5) Small business concern.--The term ``small business 
        concern'' has the meaning given such term in section 3(a) of 
        the Small Business Act (15 U.S.C. 632(a)).
            (6) Small business concern owned and controlled by socially 
        and economically disadvantaged individuals.--The term ``small 
        business concern owned and controlled by socially and 
        economically disadvantaged individuals'' has the meaning given 
        such term in section 8(d)(3)(C) of the Small Business Act (15 
        U.S.C. 637(d)(3)(C)).
            (7) Small business concern owned and controlled by women.--
        The term ``small business concern owned and controlled by 
        women'' has the meaning given such term in section 3(n) of the 
        Small Business Act (15 U.S.C. 632(n)).
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