I
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 Sep-
tember 11, 2001.
IN THE HOUSE OF REPRESENTATIVES
JUNE 18, 2002
Ms. VELA´ZQUEZ (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 Com-
mittee 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 jurisdic-
tion of the committee concerned
A BILL
To foster economic development through the involvement of
small businesses located in the New York City metropoli-
tan 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 Representa-
tives 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 RECOV-
ERY 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 Ad-
ministrator 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 de-
scribed in subsection (b);
(2) the plan of such entity has been approved
by the Administrator of the Small Business Admin-
istration;
(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 re-
quirement of subsection (c).
(b) MINIMUM SMALL BUSINESS PROCUREMENT RE-
QUIREMENTS.—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 lo-
cated in the New York City metropolitan area.
(c) RECAPTURE OF FUNDS IF MINIMUM REQUIRE-
MENTS NOT MET.—
(1) IN GENERAL.—If any recipient of New York
recovery funds fails to meet the requirements de-
scribed in subsection (b), such recipient shall pay to
the Administrator of the Small Business Administra-
tion 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 con-
tracts awarded by such recipient to small
business concerns located in the New York
City metropolitan area (including those de-
scribed in paragraphs (2) and (3) of sub-
section (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 con-
tracts 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
CON-
CERNS 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 BUSI-
NESS PROCUREMENT GOALS.—
(1) IN GENERAL.—Any Federal department or
agency which provides New York recovery funds to
any entity may provide additional New York recov-
ery funds to such entity if—
(A) such entity meets the requirements de-
scribed in paragraph (2) with respect to the
New York recovery funds to which the addi-
tional New York recovery funds would be in ad-
dition; and