S.Amdt. 514

SA 514. 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:

At the end of title VII, insert the following:

SEC. 712. CONFLICT ZONE SMALL BUSINESS CONCERNS.

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

“(s) Conflict Zone Small Business Concerns.--

“(1) Conflict zone small business size standards.--

“(A) In general.--The Administrator shall establish, by rule, regulation, or order, size standards for treatment of a business concern performing services in a qualified area as a small business concern for purposes of this Act.

“(B) Timing.--The size standards established under subparagraph (A) shall become effective not later than 12 months after the date of enactment of this subsection.

“(C) Criteria.--The Administrator shall develop size standards under subparagraph (A) with the purpose of reducing the burdens on small business concerns, in connection with the need--

“(i) to provide security for business operations;

“(ii) to incur costs under any provision of Federal law which may require government contractors and subcontractors to provide particular benefits or to obtain particular types of insurance in order to operate in a qualified area; and

“(iii) to hire additional employees in order to successfully perform contracts or subcontracts in or near a zone of military conflict.

“(2) Provisional rule.--Notwithstanding any other provision of law, until the rule, regulation or order established under paragraph (1)(A) becomes effective, the Administrator may not consider, in determining whether a business concern performing services in a qualified area qualifies as a small business concern for purposes of this Act--

“(A) receipts received under a qualified contract or subcontract; or

“(B) employees hired solely for the purpose of performing services in a qualified area pursuant to a qualified contract or subcontract.

“(3) Additional definitions.--

“(A) Qualified area.--In this subsection, the term ‘qualified area' means--

“(i) Iraq;

“(ii) Afghanistan; and

“(iii) any other country, area, or territory outside of the United States, its territories, and possessions, as may be designated by the Administrator in consultation with the Secretary of Defense, the Secretary of Homeland Security, or the Secretary of State, as appropriate, where contracts or subcontracts are performed in support of the Global War on Terror, United States military operations, or related reconstruction, stabilization, and assistance activities.

“(B) Qualified contract or subcontract.--In this subsection, the term ‘qualified contract or subcontract' means any contract, portion of a contract, subcontract, or portion of a subcontract awarded by an agency or instrumentality of the United States, or using funds made available through an appropriations Act, requiring the business concern to perform services in a qualified area.

“(C) Services.--In this subsection, the term ‘services' includes sales, marketing, installation, translation, security, and other similar services performed in a qualified area under a qualified contract or subcontract.”.