S.Amdt. 662Senate109th Congress (2005-2007)2nd degree

To strike section 1802(c) relating to contractor suspension and debarment policy.

Submitted May 11, 2005

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Senate amendment proposed (on the floor): Amendment SA 662 proposed by Senator Inhofe for Senator Cornyn to Amendment SA 605.(consideration: CR S5045-5046)

May 12, 2005

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Senate amendment proposed (on the floor): Amendment SA 662 proposed by Senator Inhofe for Senator Cornyn to Amendment SA 605.(consideration: CR S5045-5046)

May 12, 2005

Floor

Senate amendment agreed to: Amendment SA 662 as modified agreed to in Senate by Unanimous Consent.(text as modified: CR S5045-5046)

May 12, 2005

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Amendment SA 662 proposed by Senator Inhofe for Senator Cornyn to Amendment SA 605. (consideration: CR S5045-5046) To strike section 1802(c) relating to contractor suspension and debarment policy.

May 12, 2005

Floor

Amendment SA 662 as modified agreed to in Senate by Unanimous Consent. (text as modified: CR S5045-5046)

May 12, 2005

Floor

Senate amendment submitted

May 11, 2005

Text

Submitted

SA 662. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

Strike section 1802(c) and insert the following:
(c) Contractor Suspension and Debarment Policy.--
(1) In general.--Section 307 of title 49, United States
Code, is amended to read as follows:

``Sec. 307. Contractor suspension and debarment policy

``(a) Mandatory Enforcement Policy.--Notwithstanding any
other provision of law, the Secretary--
``(1) shall debar any contractor or subcontractor convicted
of a criminal or civil offense involving fraud relating to a
project receiving Federal highway or transit funds for such
period as the Secretary determines to be appropriate; and
``(2) subject to approval by the Attorney General--
``(A) except as provided in subsection (b), shall suspend
any contractor or subcontractor upon indictment for criminal
or civil offenses involving fraud; and
``(B) may exclude nonaffiliated subsidiaries of a debarred
business entity.
``(b) National Security Exception.--If the Secretary finds
that mandatory debarment or suspension of a contractor or
subcontractor under subsection (a) would be contrary to the
national security of the United States, the Secretary--
``(1) may waive the debarment or suspension; and
``(2) in the instance of each waiver, shall provide
notification to Congress of the waiver with appropriate
details.''.
(2) Conforming amendment.--The analysis for chapter 3 of
title 49, United States Code, is amended by striking the item
relating to section 307 and inserting the following:

``307. Contractor suspension and debarment policy.''.
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