S.Amdt. 530

SA 530. Mr. DOMENICI submitted an amendment intended to be proposed by him 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 214, strike lines 6 through 19 and insert the following:

Sec. 6023.(a) Not later than September 30, 2005, the Department of Energy and the Small Business Administration shall enter into a memorandum of understanding setting forth an appropriate methodology for measuring the achievement of the Department of Energy with respect to awarding contracts to small businesses.

(b) In recognition of the historical and successful practice by the Department of Energy of operating many of its facilities and sites through management and operating contractors who subcontract significant amounts of work to small businesses, the methodology set forth in the memorandum of understanding entered into under subsection (a) shall, at a minimum, include--

(1) a method of counting the achievement of the Department of Energy in awarding--

(A) prime contracts; and

(B) subcontracts to small businesses awarded by Department of Energy management and operating, management and integration, and other facility management prime contractors;

(2) uniform criteria that could be used by prime contractors described under paragraph (1)(B) when measuring the value of subcontracts awarded to small businesses; and

(3) prime contract provisions that could impose certain requirements on prime contractors described under paragraph (1)(B), such as prompt payment requirements, with respect to the administration of subcontracts awarded to small businesses that, when such provisions were included within a prime contract, the Department of Energy could count the subcontracts awarded under such prime contract toward its small business contracting goals established pursuant to Section 15(g) of the Small Business Act (15 U.S.C. 644(g)).