S.Amdt. 558

SA 558. Ms. SNOWE submitted an amendment intended to be proposed to amendment SA 529 submitted by Mr. Domenici and intended to be proposed 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:

In lieu of the matter proposed to be inserted, insert the following:

Sec. 6023. (a) Not later than January 31, 2006, the Comptroller General of the United States and the Chief Counsel for Advocacy of the Small Business Administration shall each conduct a study, in consultation with each other and with the Administrator of the Small Business Administration and the Secretary of Energy, regarding the feasibility of--

(1) changing the management and operating contracts and other similar facilities management contracts between the Department of Energy and its prime contractors, which are other than small business concerns, for the purpose of rendering such prime contractors agents of the Department of Energy in accordance with the standards established in U.S. West Communications Services, Inc. v. United States, 940 F.2d 622 (Fed. Cir. 1991) and related judicial precedent;

(2) instituting adequate policies, regulations, procedures, and practices to ensure that prime contractors, which are other than small business concerns and which have entered into the management and operating contracts and other similar facilities management contracts with the Department of Energy, treat small businesses seeking to do business with the Department of Energy through such prime contractors according to the “federal norm”, as recognized by the Comptroller General of the United States;

(3) recognizing subcontracts awarded by the prime contractors, which have entered into the management and operating contracts and other similar facilities management contracts proposed to be changed based on the findings under paragraph (1), as prime contracts for all purposes;

(4) instituting policies, regulations, procedures, and practices adequate to ensure that small business contracts awarded by the prime contractors acting as agents for the Department of Energy under the standards described in paragraphs (1) and (2) are treated as Federal prime contracts for all purposes; and

(5) ensuring that the Department of Energy's prime contractors can simultaneously continue to award, and small businesses can simultaneously continue to receive, subcontracts not subject to treatment or recognition as prime contracts.

(b) The Comptroller General of the United States and the Chief Counsel for Advocacy of the Small Business Administration, in conducting their respective studies under subsection (a) shall consider the impact of--

(1) the changes studied on accountability, integrity, competition, and sound management practices at the Department of Energy and its facilities managed by prime contractors; and

(2) the agency relationship between the Department of Energy and some of its prime contractors on the ability of small businesses to compete for government business.

(c) The Comptroller General and the Chief Counsel for Advocacy of the Small Business Administration shall separately report their findings to--

(1) the Committee on Energy and Natural Resources, the Committee on Homeland Security and Governmental Affairs, and the Committee on Small Business and Entrepreneurship of the Senate; and

(2) the Committee on Energy and Commerce, the Committee on Government Reform, and the Committee on Small Business of the House of representatives.

(d) The Secretary of Energy may, until January 31, 2006--

(1) make changes to contracts, including the management and operating contracts and other similar facilities management contracts between the Department of Energy and its prime contractors, which are other than small business concerns, consistent with those changes being studied under subsection (a); and

(2) implement policies, regulations, procedures, and practices consistent with those being studied under subsection (a).