Sec. 866. Modifications to requirements for qualified HUBZone small business concerns located in a base closure area
1,198 words·~5 min read·
/bill/114/hr/1735/enr/section-866·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3(p) of the Small Business Act ( 15 U.S.C. 632(p) ) is amended— in paragraph (1)— in subparagraph (D), by striking or ; in subparagraph (E), by striking the period at the end and inserting ; or ; and by adding at the end the following: qualified disaster areas. ; in paragraph (3)— by redesignating subparagraphs
(D)and
(E)as subparagraphs
(E)and (F), respectively; and by inserting after subparagraph
(C)the following: a small business concern— that is wholly owned by one or more Native Hawaiian Organizations (as defined in section 8(a)(15)), or by a corporation that is wholly owned by one or more Native Hawaiian Organizations; or that is owned in part by one or more Native Hawaiian Organizations, or by a corporation that is wholly owned by one or more Native Hawaiian Organizations, if all other owners are either United States citizens or small business concerns; ; in paragraph (4)— by amending subparagraph
(D)to read as follows: Subject to clause (ii), the term base closure area means— lands within the external boundaries of a military installation that were closed through a privatization process under the authority of— the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of division B of Public Law 101–510 ; 10 U.S.C. 2687 note); title II of the Defense Authorization Amendments and Base Closure and Realignment Act ( Public Law 100–526 ; 10 U.S.C. 2687 note); section 2687 of title 10, United States Code; or any other provision of law authorizing or directing the Secretary of Defense or the Secretary of a military department to dispose of real property at the military installation for purposes relating to base closures of redevelopment, while retaining the authority to enter into a leaseback of all or a portion of the property for military use; the census tract or nonmetropolitan county in which the lands described in subclause
(I)are wholly contained; a census tract or nonmetropolitan county the boundaries of which intersect the area described in subclause (I); and a census tract or nonmetropolitan county the boundaries of which are contiguous to the area described in subclause
(II)or subclause (III). A base closure area shall be treated as a HUBZone— with respect to a census tract or nonmetropolitan county described in clause (i), for a period of not less than 8 years, 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
(A)or
(B)in accordance with the results of the decennial census conducted after the area was initially designated as a base closure area; and if such area was treated as a HUBZone at any time after 2010, until such time as the Administrator makes a final determination as to whether or not to implement the applicable designation described in subparagraph
(A)or (B), after the 2020 decennial census. In this subparagraph: The term census tract means a census tract delineated by the United States Bureau of the Census in the most recent decennial census that is not located in a nonmetropolitan county and does not otherwise qualify as a qualified census tract. The term nonmetropolitan county means a county that was not located in a metropolitan statistical area (as defined in section 143(k)(2)(B) of the Internal Revenue Code of 1986) at the time of the most recent census taken for purposes of selecting qualified census tracts and does not otherwise qualify as a qualified nonmetropolitan county. ; and by adding at the end the following new subparagraph: Subject to clause (ii), the term qualified disaster area means any census tract or nonmetropolitan county located in an area for which the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) or located in an area in which a catastrophic incident has occurred if such census tract or nonmetropolitan county ceased to be qualified under subparagraph
(A)or (B), as applicable, during the period beginning 5 years before the date on which the President declared the major disaster or the catastrophic incident occurred and ending 2 years after such date, except that such census tract or nonmetropolitan county may be a qualified disaster area only— in the case of a major disaster declared by the President, during the 5-year period beginning on the date on which the President declared the major disaster for the area in which the census tract or nonmetropolitan county, as applicable, is located; and in the case of a catastrophic incident, during the 10-year period beginning on the date on which the catastrophic incident occurred in the area in which the census tract or nonmetropolitan county, as applicable, is located. A qualified disaster area described in clause
(i)shall be treated as a HUBZone for a period of not less than 8 years, beginning on the date the Administrator makes a final determination as to whether or not to implement the designations described in subparagraphs
(A)and
(B)in accordance with the results of the decennial census conducted after the area was initially designated as a qualified disaster area. ; and in paragraph (5)(A)(i)(I)— in item (aa)— by striking subparagraph (A), (B), (C), (D), or
(E)of paragraph
(3)and inserting subparagraph (A), (B), (C), (D), (E), or
(F)of paragraph
(3); and by striking or at the end; by redesignating item
(bb)as item (cc); and by inserting after item
(aa)the following new item: pursuant to subparagraph (A), (B), (C), (D), (E), or
(F)of paragraph (3), that its principal office is located within a base closure area and that not fewer than 35 percent of its employees reside in such base closure area or in another HUBZone; or . The amendments made by subsection (a)(3)(B) shall apply to a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) or a catastrophic incident that occurs on or after the date of enactment of such subsection. Section 31(c)(3) of the Small Business Act ( 15 U.S.C. 657a(c)(3) ) is amended by inserting the Administrator of the Federal Emergency Management Agency, after the Secretary of Labor, . Not later than 120 days after the date of enactment of this Act, the Comptroller General of the United States shall complete a study on and submit a report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate that includes— an assessment of the evaluation process, including any weaknesses in the process, used by the Small Business Administration to approve or deny participation in the HUBZone program established under section 31 of the Small Business Act ( 15 U.S.C. 657a ); an assessment of the oversight of HUBZone program participants by the Small Business Administration, including Administration actions taken to prevent fraud, waste, and abuse; and recommendations on how to improve the evaluation process and oversight mechanisms to further reduce fraud, waste, and abuse.
Connectionstraces to 4
Traces to 4 documents
2 references not yet in our index
- Pub. L. 101-510
- Pub. L. 100-526
Citation graph
cites case law
Sec. 866
Modifications to requirements for qualified HUBZone small business concerns located in a base closure area
Pub. L.Pub. L. 101-510
Pub. L.Pub. L. 100-526
Cites 6Cited by 0 across 0 sources