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Full Text of this Amendment

SA 3414. Mr. BURRIS submitted an amendment intended to be proposed to amendment SA 3336 proposed by Mr. Baucus to the bill 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:


On page 268, between lines 11 and 12, insert the following:
SEC. 602. ENSURING CONTRACTING WITH SMALL BUSINESS CONCERNS AND DISADVANTAGED BUSINESS CONCERNS.
(a) Definitions.--In this section--
(1) the term "Administration" means the Transportation Security Administration;
(2) the term "Assistant Secretary" means the Assistant Secretary of Homeland Security, Transportation Security Administration;
(3) the terms "HUBZone small business concern", "small business concern", "small business concern owned and controlled by service-disabled veterans", and "small business concern owned and controlled by women" have the meanings given those terms under section 3 of the Small Business Act (15 U.S.C. 632); and
(4) the term "small business concern owned and controlled by socially and economically disadvantaged individuals" has the meaning given that term in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)).
(b) Requirements for Prime Contracts.--The Assistant Secretary shall include in each contract, valued at $300,000,000 or more, awarded for procurement of products or services acquired for the Administration--
(1) a requirement that the contractor shall submit to the Assistant Secretary and implement a plan for the award, in accordance with other applicable requirements, of subcontracts under the contract to small business concerns, including small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns owned and controlled by women, small business concerns owned and controlled by service-disabled veterans, HUBZone small business concerns,
small business concerns participating in the program under section 8(a) of the Small Business Act (15 U.S.C. 637(a)), institutions of higher education receiving assistance under title III or V of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.; 1101 et seq.), and Native Corporations created pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and
(2) a requirement that the contractor shall submit to the Assistant Secretary, during performance of the contract, periodic reports describing the extent to which the contractor has complied with the plan submitted under paragraph (1), including a specification (by total dollar amount and by percentage of the total dollar value of the contract) of the value of subcontracts awarded at all tiers of subcontracting to small business concerns, institutions, and corporations referred to in paragraph
(1).
(c) Utilization of Alliances.--The Assistant Secretary shall seek to facilitate award of contracts by the Administration to teams of small business concerns, institutions, and corporations referred to in subsection (b)(1).
(d) Annual Report.--
(1) IN GENERAL.--Not later than October 31 of each year, the Assistant Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a report on the award of contracts to small business concerns, institutions, and corporations referred to in subsection (b)(1) during the preceding fiscal year.
(2) CONTENTS.--Each report submitted by the Assistant Secretary under paragraph (1) shall--
(A) for contracts to small business concerns, institutions, and corporations referred to in subsection (b)(1) awarded during the preceding fiscal year, specify--
(i) the value of the contracts, by dollar amount and as a percentage of the total dollar value of all contracts awarded by the Administration in the fiscal year; and
(ii) the total dollar value of the contracts awarded to each of the categories of small business concerns, institutions, and corporations referred to in subsection (b)(1); and
(B) if the percentage specified under subparagraph (A)(i) is less than 25 percent, an explanation of--
(i) why the percentage is less than 25 percent; and
(ii) what will be done to ensure that the percentage for the following fiscal year will not be less than 25 percent.


(As printed in the Congressional Record for the Senate on Mar 4, 2010.)