S.Amdt. 2528Senate109th Congress (2005-2007)

To provide for the Administrator of the Small Business Administration's determination.

What it does: Adds SEC. 846. EXCLUSION OF CERTAIN SECURITY EXPENSES FROM CONSIDERATION FOR PURPOSE OF SMALL BUSINESS SIZE STANDARDS on page 237, line 17
Submitted November 15, 2005

What it changes

1 change to S. 1042

Adds a section
  1. Adds SEC. 846. EXCLUSION OF CERTAIN SECURITY EXPENSES FROM CONSIDERATION FOR PURPOSE OF SMALL BUSINESS SIZE STANDARDS on page 237, line 17

    Adds a sectionPrinted page

    Inserted: SEC. 846. EXCLUSION OF CERTAIN SECURITY EXPENSES FROM CONSIDERATION FOR PURPOSE OF SMALL BUSINESS SIZE STANDARDS.

    Inserted: Section 3(a) of the Small Business Act (15 U.S.C. 632(a)), is amended by adding at the end the following:

    Inserted: "(4) Exclusion of certain security expenses from consideration for purpose of small business size standards.--

    Inserted: "(A) Determination required.--Not later than 30 days after the date of enactment of this paragraph, the Administrator shall review the application of size standards established pursuant to paragraph (2) to small business concerns that are performing contracts in qualified areas and determine whether it would be fair and appropriate to exclude from consideration in the average annual gross receipts of such small business concerns any payments made to such small business concerns by Federal agencies to reimburse such small business concerns for the cost of subcontracts entered for the sole purpose of providing security services in a qualified area.

    Inserted: "(B) Action required.--Not later than 60 days after the date of enactment of this paragraph, the Administrator shall either--

    Inserted: "(i) initiate an adjustment to the size standards, as described in subparagraph (A), if the Administrator determines that such an adjustment would be fair and appropriate; or

    Inserted: "(ii) provide a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives explaining in detail the basis for the determination by the Administrator that such an adjustment would not be fair and appropriate.

    Inserted: "(C) Qualified areas.--In this paragraph, the term 'qualified area' means--

    Inserted: "(i) Iraq,

    Inserted: "(ii) Afghanistan, and

    Inserted: "(iii) any foreign country which included a combat zone, as that term is defined in section 112(c)(2) of the Internal Revenue Code of 1986, at the time of performance of the relevant Federal contract or subcontract.".

    Original wording

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

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2528. Mr. WARNER (for Ms. Snowe) proposed an amendment 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; as follows:

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

SEC. 846. EXCLUSION OF CERTAIN SECURITY EXPENSES FROM CONSIDERATION FOR PURPOSE OF SMALL BUSINESS SIZE STANDARDS.

Section 3(a) of the Small Business Act (15 U.S.C. 632(a)), is amended by adding at the end the following:

“(4) Exclusion of certain security expenses from consideration for purpose of small business size standards.--

“(A) Determination required.--Not later than 30 days after the date of enactment of this paragraph, the Administrator shall review the application of size standards established pursuant to paragraph (2) to small business concerns that are performing contracts in qualified areas and determine whether it would be fair and appropriate to exclude from consideration in the average annual gross receipts of such small business concerns any payments made to such small business concerns by Federal agencies to reimburse such small business concerns for the cost of subcontracts entered for the sole purpose of providing security services in a qualified area.

“(B) Action required.--Not later than 60 days after the date of enactment of this paragraph, the Administrator shall either--

“(i) initiate an adjustment to the size standards, as described in subparagraph (A), if the Administrator determines that such an adjustment would be fair and appropriate; or

“(ii) provide a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives explaining in detail the basis for the determination by the Administrator that such an adjustment would not be fair and appropriate.

“(C) Qualified areas.--In this paragraph, the term ‘qualified area' means--

“(i) Iraq,

“(ii) Afghanistan, and

“(iii) any foreign country which included a combat zone, as that term is defined in section 112(c)(2) of the Internal Revenue Code of 1986, at the time of performance of the relevant Federal contract or subcontract.”.

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Senate amendment submitted

November 15, 2005

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Floor

Senate amendment submitted

November 15, 2005

Floor

Senate amendment proposed (on the floor): Amendment SA 2528 proposed by Senator Warner for Senator Snowe.

November 15, 2005

Floor

Senate amendment agreed to: Amendment SA 2528 agreed to in Senate by Unanimous Consent.

November 15, 2005

Floor

Amendment SA 2528 proposed by Senator Warner for Senator Snowe. (consideration: CR S12778-12791; text: CR S12780) To provide for the Administrator of the Small Business Administration's determination.

November 15, 2005

Floor

Amendment SA 2528 agreed to in Senate by Unanimous Consent.

November 15, 2005