,i #aaeth ,,congress #ast ,session ,h4 ,r4 #beib ,,in ,,the ,,house ,,of ,,representatives ,may #bb1 #bjag,ms4 ,velzquez introduced the following bill2 which was referred to the ,committee on ,small ,business ,a ,,bill ,to amend the definitions relating to ,h,u,b,zones in the ,small ,business ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,expanding the ,impact of the ,h,u,b,zone ,program ,act of #bjag4 #b4 ,amendments to ,h,u,b,zone definitions 7a7 ,in general ,section #c7p7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7p77 is amended-- 7#a7 in paragraph 7#a7 by inserting designated on a map by the ,administrator that is after any area2 7#b7 in paragraph 7#d7-- 7,a7 by amending clause 7ii7 of subparagraph 7,d7 to read as follows3 7ii7 ,limitation ,with respect to a base closure area that is a census tract or nonmetropolitan county described in clause 7i71 such census tract or nonmetropolitan shall be treated as a ,h,u,b,zone for a period beginning on the date the military installation undergoes final closure and ending on the date the ,administrator makes a final determination as to whether or not to implement the applicable designation described in subparagraph 7,a7 or 7,b7 in accordance with the results of the decennial census conducted after the area was initially designated as a base closure area4 2 7,b7 by amending subparagraph 7,e7 to read as follows3 7,e7 ,qualified disaster area 7i7 ,in general ,subject to clauses 7ii7 and 7iii71 the term qualified disaster area means any census tract or nonmetropolitan county located in a major disaster area or an area in which a catastrophic incident has occurred if such census tract or nonmetropolitan county ceased to be qualified under subparagraph 7,a7 or 7,b71 as applicable1 during the period beginning #e years before the date on which the ,president declared the major disaster or the catastrophic incident occurred4 7ii7 ,duration ,a census tract or nonmetropolitan county shall be considered to be a qualified disaster area only for the period of time ending on the date on which the ,administrator makes a final determination as to whether or not to implement the applicable designation described in subparagraph 7,a7 or 7,b7 in accordance with the results of the decennial census conducted after the area was initially designated as a qualified disaster area and beginning-- 7,i7 in the case of a major disaster declared by the ,president1 on the date the ,president declared the major disaster for the area in which the census tract or nonmetropolitan county1 as applicable1 is located2 or 7,,ii7 in the case of a catastrophic incident1 on the date on which the catastrophic incident occurred in the area in which the census tract or nonmetropolitan county1 as applicable1 is located4 7iii7 ,extension ,with respect to a census tract or nonmetropolitan county that is a qualified disaster area because it is located in an area in which a catastrophic incident occurred1 the ,administrator may extend the period described in clause 7ii7 if the ,administrator determines that the census tract or nonmetropolitan county has not fully recovered from the catastrophic incident4 7iv7 ,definitions ,in this subparagraph3 7,i7 ,major disaster area ,the term major disaster area means an area for which the ,president has declared a major disaster under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj74 7,,ii7 ,other definitions ,the terms census tract and nonmetropolitan county have the meanings given such terms in subparagraph 7,d77iii74 2 and 7#c7 by amending paragraph 7#e7 to read as follows3 7#e7 ,qualified ,h,u,b,zone small business concern ,the term qualified ,h,u,b,zone small business concern means a ,h,u,b,zone small business concern that has been certified by the ,administrator in accordance with the procedures described in section #ca4 4 7b7 ,determination of certain qualified areas ,the ,administrator of the ,small ,business ,administration shall make any determination as to whether or not to implement the applicable designation described in subparagraph 7,a7 or 7,b7 of section #c7p77#d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7p77#d77 immediately after the ,census ,bureau publicly releases the first results from the decennial census that occurs after the date of the enactment of this ,act4 7c7 ,technical amendments ,section #c7p77#d77;,b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7p77#d77;,b77 is amended-- 7#a7 in clause 7i71 by striking section #db7;d77#e77;,c77ii7 of the ,internal ,revenue ,code of #aihf and inserting section #db7;d77#e77;,b77ii7 of the ,internal ,revenue ,code of #aihf2 and 7#b7 in clause 7ii77,,iii71 by striking section #db7;d77#e77;,c77iii7 of the ,internal ,revenue ,code of #aihf and inserting section #db7;d77#e77;,b77iii7 of the ,internal ,revenue ,code of #aihf4 #c4 ,repeal of #e-year limitation on ,h,u,b,zone status of base closure areas ,section #aeb7;a7 of title ,i of division ,k of the ,consolidated ,appropriations ,act1 #bjje 7#ae ,u4,s4,c4 #fcb note7 is amended by repealing paragraph 7#b74 #d4 ,amendments to ,h,u,b,zone ,program 7a7 ,clarifications to eligibility for ,h,u,b,zone ,program ,section #ca7;c7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #feg;a7c77 is amended to read as follows3 7c7 ,eligibility requirements2 enforcement 7#a7 ,certification ,in order to be certified by the ,administrator as a qualified ,h,u,b,zone small business concern1 a ,h,u,b,zone small business concern shall submit documentation the ,administrator stating that-- 7,a7 at the time of certification and at each examination conducted pursuant to paragraph 7#d71 the principal office of the concern is located in a ,h,u,b,zone and not fewer than #ce percent of its employees reside in a ,h,u,b,zone2 7,b7 the concern will attempt to maintain the applicable employment percentage under subparagraph 7,a7 during the performance of any contract awarded to such concern on the basis of a preference provided under subsection 7b72 and 7,c7 the concern will ensure that the requirements of section #df are satisfied with respect to any subcontract entered into by such concern pursuant to a contract awarded under this section4 7#b7 ,verification ,in carrying out this section1 the ,administrator shall establish procedures relating to-- 7,a7 the filing1 investigation1 and disposition by the ,administration of any challenge to the eligibility of a ,h,u,b,zone small business concern to receive assistance under this section 7including a challenge1 filed by an interested party1 relating to the veracity of documentation provided to the ,administration by such a concern under paragraph 7#a772 and 7,b7 verification by the ,administrator of the accuracy of any documentation provided to the ,administration by a ,h,u,b,zone small business concern under paragraph 7#a74 7#c7 ,timing ,the ,administrator shall complete the verification procedures described in paragraph 7#b7 in a reasonable time1 not later than #cj days after the date on which the ,administrator receives sufficient and complete documentation from a ,h,u,b,zone small business concern under paragraph 7#a74 7#d7 ,examinations ,the ,administrator shall conduct biennial and random program examinations of qualified ,h,u,b,zone small business concerns to ensure that such a concern meets the requirements of paragraph 7#a74 7#e7 ,length of eligibility 7,a7 ,in general ,a certification given to a qualified ,h,u,b,zone small business concern under paragraph 7#a7 shall be valid for a period of not more than #aj years4 7,b7 ,recertification ,at the end of the period described in subparagraph 7,a71 a ,h,u,b,zone small business concern that meets the requirements of paragraph 7#a7 may apply to be recertified as a qualified ,h,u,b,zone small business concern by the ,administrator for a subsequent period of not more than #aj years4 7#f7 ,loss of certification ,a ,h,u,b,zone small business concern that1 based on the results of an examination conducted pursuant to paragraph 7#d7 no longer meets the requirements of paragraph 7#a71 shall have #fj days to submit documentation to the ,administrator to be recertified as a qualified ,h,u,b,zone small business concern4 ,during the #fj-;day period1 such concern may not compete for or be awarded a contract under this section4 ,if such concern fails to meet the requirements of paragraph 7#a7 by the last day of the #fj-;day period1 such concern will not be certified as a qualified ,h,u,b,zone small business concern4 7#g7 ,h,u,b,zone maps ,the ,administrator shall annually update maps designating ,h,u,b,zones and the ,administrator may annually designate new ,h,u,b,zones pursuant to subparagraph 7,c71 7,d71 or 7,e7 of section #c7p77#d74 7#h7 ,list of qualified ,h,u,b,zone small business concerns ,the ,administrator shall establish and maintain on the ,internet a list of qualified ,h,u,b,zone small business concerns that shall-- 7,a7 to the extent practicable1 include the name1 address1 and type of business with respect to such concern2 7,b7 be updated by the ,administrator not less than annually2 and 7,c7 be provided upon request to any ,federal agency or other entity4 7#i7 ,provision of data ,upon the request of the ,administrator1 the ,secretary of ,labor1 the ,administrator of the ,federal ,emergency ,management ,agency1 the ,secretary of ,housing and ,urban ,development1 and the ,secretary of the ,interior 7or the ,assistant ,secretary for ,indian ,affairs71 shall promptly provide to the ,administrator such information as the ,administrator determines to be necessary to carry out this subsection4 7#aj7 ,penalties ,in addition to the penalties described in section #af7;d71 any small business concern that is determined by the ,administrator to have misrepresented the status of that concern as a qualified ,h,u,b,zone small business concern for purposes of this section1 shall be subject to liability for fraud1 including section #ajja of title #ah1 ,united ,states ,code1 and sections #cgbi through #cgcc of title #ca1 ,united ,states ,code4 4 7b7 ,performance metrics ,section #ca of the ,small ,business ,act 7#ae ,u4,s4,c4 #feg;a7 is amended-- 7#a7 in subsection 7a71 by inserting 1 including promoting economic development in economically distressed areas 7as defined in section #g7m77#aa771 after assistance2 7#b7 by redesignating subsection 7d7 as subsection 7e72 and 7#c7 by inserting after subsection 7c7 the following new subsection3 7d7 ,performance metrics 7#a7 ,in general ,not later than #a year after enactment of this ,act1 the ,administrator shall publish performance metrics designed to measure the success of the ,h,u,b,zone program established under this section in meeting the program's objective of promoting economic development in economically distressed areas 7as defined in section #g7m77#aa774 7#b7 ,report ,not later than #ij days after the last date of each fiscal year1 the ,administrator shall submit to the ,committee on ,small ,business and ,entrepreneurship of the ,senate and the ,committee on ,small ,business of the ,house of ,representatives a report-- 7,a7 analyzing the data from the performance metrics2 and 7,b7 including the number of ,h,u,b,zone small business concerns that lost certification as a qualified ,h,u,b,zone small business concern because of the results of an examination performed under subsection 7c77#d71 and the number of those concerns that did not submit documentation to be recertified under subsection 7c77#e77;,b74 4 7c7 ,authorization of appropriations ,section #ca7;e7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #feg;a71 as redesignated by subsection 7b71 is amended by striking fiscal years #bjjd through #bjjf and inserting fiscal years #bjag through #bjbj4 #e4 ,current ,h,u,b,zone small business concerns ,a ,h,u,b,zone small business concern that was qualified pursuant to section #c7p77#e7 of the ,small ,business ,act on or before the date of the enactment of this ,act shall be deemed to be a qualified ,h,u,b,zone small business concern1 as defined in section #c7p77#e7 of the ,small ,business ,act1 for a period not to exceed #aj years beginning on the date on which the concern was first qualified4 ,at the end of such period1 the concern may reapply to be certified as qualified ,h,u,b,zone small business concern pursuant to the procedures described in section #ca7;c7 of the ,small ,business ,act4