[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.
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