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Full Text of this Amendment

SA 432. Mr. CASEY submitted an amendment intended to be proposed by him to the bill S. 782, to amend the Public Works and Economic Development Act of 1965 to reauthorize that Act, and for other purposes; which was ordered to lie on the table; as follows:

On page 29, after line 20, add the following:
(a) Definitions.--In this section:
(1) HISTORICALLY DISADVANTAGED INDIVIDUAL.--The term "historically disadvantaged individual" means any individual who is a member of a group that is designated as eligible to receive assistance under section 1400.1 of title 15, Code of Federal Regulations, as in effect on January 1, 2009.
(2) PRINCIPAL.--The term "principal" means any person that the National Director determines exercises significant control over the regular operations of a business entity.
(3) PROGRAM.--The term "Program" means the Minority Business Development Program established under subsection (b).
(b) Program Required.--The National Director of the Minority Business Development Agency shall establish the Minority Business Development Program to provide contract procurement assistance to qualified minority businesses.
(c) Qualified Minority Business.--
(1) CERTIFICATION.--For purposes of the Program, the National Director may certify as a qualified minority business any entity that satisfies each of the following:
(A) Not less than 51 percent of the entity is directly and unconditionally owned or controlled by historically disadvantaged individuals.
(B) Each officer or other individual who exercises control over the regular operations of the entity is a historically disadvantaged individual.
(C) The net worth of each principal of the entity is not greater than $2,000,000. (The equity of a disadvantaged owner in a primary personal residence shall be considered in this calculation.)
(D) The principal place of business of the entity is in the United States.
(E) Each principal of the entity maintains good character in the determination of the National Director.
(F) The entity engages in competitive and bona fide commercial business operations in not less than one sector of industry that has a North American Industry Classification System code.
(G) The entity submits reports to the National Director at such time, in such form, and containing such information as the National Director may require.
(H) Such other requirements as the National Director considers appropriate for purposes of the Program.
(2) TERM OF CERTIFICATION.--A certification under this subsection shall be for a term of 5 years and may not be renewed.
(d) Set-aside Contracting Opportunities.--
(1) IN GENERAL.--The National Director may enter into agreements with the United States Government and any department, agency, or officer thereof having procurement powers for purposes of providing for the fulfillment of procurement contracts and providing opportunities for qualified minority businesses with regard to such contracts.
(2) QUALIFICATIONS ON PARTICIPATION.--The National Director shall by rule establish requirements for participation under this subsection by a qualified minority business in a contract.
(3) ANNUAL LIMIT ON NUMBER OF CONTRACTS PER QUALIFIED MINORITY BUSINESS.--A qualified minority business may not participate under this section in contracts in an amount that exceeds $10,000,000 for goods and services each fiscal year.
(A) GOODS AND SERVICES.--Except as provided in subparagraph (B), a contract for goods and services under this subsection may not exceed $6,000,000.
(B) MANUFACTURING AND CONSTRUCTION.--A contract for manufacturing and construction services under this subsection may not exceed $10,000,000.
(e) Termination From the Program.--The National Director may terminate a qualified minority business from the Program for any violation of a requirement of subsections (c) and (d) by that qualified minority business, including the following:
(1) Conduct by a principal of the qualified minority business that indicates a lack of business integrity.
(2) Willful failure to comply with applicable labor standards and obligations.
(3) Consistent failure to tender adequate performance with regard to contracts under the Program.
(4) Failure to obtain and maintain relevant certifications.
(5) Failure to pay outstanding obligations owed to the Federal Government.

(As printed in the Congressional Record for the Senate on Jun 8, 2011.)