Small Business Transforming America's Regions Act of 2016

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) (1) in paragraph (1)— (A) in subparagraph (E), by striking or (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 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 15 U.S.C. 632(p)(4)(C) date that is 3 years before the (c) Other qualified areas Section 31 of the Small Business Act ( 15 U.S.C. 657a (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 (B) the term State (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 tract nonmetropolitan county (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 (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 (C) if the Administrator grants the petition and designates 1 or more census tracts nonmetropolitan counties census tract nonmetropolitan county tract nonmetropolitan county (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 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) A person 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) 4. Past performance credit for subcontractors Section 8(d) of the Small Business Act ( 15 U.S.C. 637(d) (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 (2) in subparagraph (D), by striking the period and inserting ; 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, the Administrator of National Aeronautics and Space, and the Administrator of the Small Business Administration, (B) by striking and the National Aeronautics and Space Act of 1958 ( 42 U.S.C. 2451 et seq. the National Aeronautics and Space Act of 1958 ( 42 U.S.C. 2451 et seq. 15 U.S.C. 631 et seq. (2) in section 1121(d), by striking and the General Services Administration the General Services Administration, and the Small Business Administration May 24, 2016 Reported with amendments

Summary: Small Business Transforming America's Regions Act of 2016 (Sec. 2) This bill amends the Small Business Act to include in the Historically Underutilized Business Zone (HUBZone) program a qualified area designated by the Small Business Administration (SBA) in response to a petition by the governor of a state, the District of Columbia, or a U.S. territory. With respect to HUBZones located in census tracts or nonmetropolitan counties that cease to qualify according to the ordinary criteria for the HUBZone program but are "redesignated" to qualify for it, the bill increases the length of time a census tract or nonmetropolitan county may be so redesignated from three years to seven years after the date on which the area ceased to qualify for the HUBZone program according to the ordinary criteria. This increased length of time for a census tract or nonmetropolitan county shall apply only to those that become redesignated areas within three years before enactment of this bill. The SBA may designate, in response to a governor's petition, only a nonmetropolitan county that: has a median household income less than 90% of the state median household income; has an unemployment rate at least 120% percent of the average U.S. or state unemployment rate, whichever is less; or meets other SBA criteria. A governor may not file a petition for more than 30% of the total number of nonmetropolitan counties in the state. The SBA shall establish procedures to: ensure that it accepts petitions from all states each fiscal year, and give an interested governor technical assistance before a petition is filed. (Sec. 3) The bill revises application of the 30-day period for filing a petition with the SBA Office of Hearings and Appeals for reconsideration of a small business concern size standard. No such petition may be filed until on or after the effective date of regulations for establishing the procedures for reconsideration of a size standard. Any person filing a petition relating to a size standard revised, modified, or established between November 25, 2015, and the effective date of such regulations must file the petition within 30 days after that effective date. (Sec. 4) A prime federal contractor shall, within 14 days after completion of a subcontract, give a past performance rating for the Contractor Performance Assessment Rating System, the Past Performance Information Retrieval System, or any successor system for any subcontractor (whether or not a small business concern) used in performing the federal contract as part of the prime contractor's performance reporting. Failure of the prime contractor to enter the subcontractor's past performance rating shall be considered in evaluating the primer contractor's past performance. A federal agency shall use a small business subcontractor's past performance rating in determining whether to award the subcontractor a prime contract. (Sec. 5) The bill adds the SBA Administrator to the Federal Acquisition Regulatory Council.