S.Amdt. 510

SA 510. Ms. SNOWE submitted an amendment intended to be proposed by her to the bill H.R. 1268, making emergency supplemental appropriations for the fiscal year ending September 30, 2005, to establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal, to ensure expeditious construction of the San Diego border fence, and for other purposes; which was ordered to lie on the table; as follows:

On page 231, between lines 3 and 4, insert the following:

evaluation of subcontract participation by small businesses

Sec. 6047. (a) Section 8(d)(4)(G) of the Small Business Act (15 U.S.C. 637(d)(4)(G)) is amended by striking “a bundled” and inserting “any”.

(b) Section 8(d)(10) of the Small Business Act (15 U.S.C. 637(d)(10)) is amended--

(1) by striking “is authorized to” and inserting “shall”;

(2) in subparagraph (B), by striking “and” at the end;

(3) in subparagraph (C), by striking the period at the end and inserting “; and”; and

(4) by adding at the end the following:

“(D) report the results of each evaluation under subparagraph (C) to the appropriate contracting officers.”.

(c) Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is amended--

(1) by redesignating paragraph (11) as paragraph (14); and

(2) by inserting after paragraph (10) the following:

“(11) Certification.--A report submitted by the prime contractor pursuant to paragraph (6)(E) to determine the attainment of a subcontract utilization goal under any subcontracting plan entered into with a Federal agency under this subsection shall contain the name and signature of the president or chief executive officer of the contractor, certifying that the subcontracting data provided in the report are accurate and complete.

“(12) Centralized database.--The results of an evaluation under paragraph (10)(C) shall be included in a national centralized governmentwide database.

“(13) Payments pending reports.--Each Federal agency having contracting authority shall ensure that the terms of each contract for goods and services includes a provision allowing the contracting officer of an agency to withhold an appropriate amount of payment with respect to a contract (depending on the size of the contract) until the date of receipt of complete, accurate, and timely subcontracting reports in accordance with paragraph (11).”.

(d) Section 8(d)(8) of the Small Business Act (15 U.S.C. 637(d)(8)) is amended--

(1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;

(2) by striking “The failure” and inserting “(A) The failure”; and

(3) by adding at the end the following:

“(B) A material breach described in this paragraph shall be referred for investigation to the Inspector General (or the equivalent) of the affected agency.”.