S.Amdt. 1479

SA 1479. Mrs. HUTCHISON submitted an amendment intended to be proposed by her to the bill S. 1042, to authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; which was ordered to lie on the table; as follows:

On page 237, after line 17, insert the following:

SEC. 846. SMALL DISADVANTAGED BUSINESSES.

(a) In General.--Subparagraphs (D) and (E) of section 8(a)(6) of the Small Business Act (15 U.S.C. 637(a)(6)), regarding asset withdrawals, shall not apply to a socially and economically disadvantaged small business concern if--

(1) the small business concern provides supplies or services under a Government prime contract or subcontract at any tier; and

(2) such supplies or services are provided in whole or in part through the presence of the personnel of such small business concern in a qualified area.

(b) Duration.--A waiver under subsection (a) shall last for the duration of the prime contract or subcontract with the Government under subsection (a)(1).

(c) Definitions.--As used in this section--

(1) the term “qualified area” means--

(A) a combat zone, as defined in section 112(c)(2) of the Internal Revenue Code of 1986; and

(B) an area designated by the Secretary of State as eligible for a danger pay allowance under section 5928 of title 5, United States Code; and

(2) the term “socially and economically disadvantaged small business concern” has the meaning given that term under section 8(a)(4)(A) of the Small Business Act (15 U.S.C. 637(a)(4)(A)).