S.Amdt. 727

SA 727. Ms. SNOWE 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:

On page 400, strike line 22 and all that follows through
page 403, line 4 and insert the following:

SEC. 1821. DISADVANTAGED BUSINESS ENTERPRISES.

(a) General Rule.--Except to the extent that the Secretary
determines otherwise, not less than 10 percent of the amounts
made available for any program under titles I, II, and VI of
this Act shall be expended with small business concerns owned
and controlled by socially and economically disadvantaged
individuals.
(b) Definitions.--In this section, the following
definitions shall apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Small business concern.--The term ``small business
concern'' has the meaning given that term under section 3 of
the Small Business Act (15 U.S.C. 632).
(3) Socially and economically disadvantaged individuals.--
The term ``socially and economically disadvantaged
individuals'' has the meaning given that term under section
8(d) of the Small Business Act (15 U.S.C. 637(d)) and
relevant regulations promulgated under that section, except
that women shall be presumed to be socially and economically
disadvantaged individuals for the purposes of this section.
(c) Annual Listing of Disadvantaged Business Enterprises.--
Each State, in consultation with the Administrator, shall
annually survey or otherwise compile a list of the small
business concerns referred to in subsection (a) and the
location of such concerns in the State, and shall notify the
Secretary in writing of the percentage of such small business
concerns which are controlled by women, by socially and
economically disadvantaged individuals (other than women),
and by individuals who are women and are otherwise socially
and economically disadvantaged individuals.
(d) Uniform List Compilation.--
(1) In general.--The Administrator, in consultation with
the Secretary, shall establish minimum uniform procedures to
be used by State governments in compiling the list required
by subsection (c).
(2) Uniform procedures.--Minimum uniform procedures
required under paragraph (1) shall include on-site visits,
personal interviews, licenses, analysis of stock ownership,
listing of equipment, analysis of bonding capacity, listing
of work completed, resume of principal owners, financial
capacity, type of work preferred, and any other criteria
recommended by the Administrator.
(3) Registration required.--No small business concern may
be included on the list required by subsection (c) unless it
first registers in the Central Contractor Registration
database.
(e) Compliance With Court Orders.--Nothing in this section
limits the eligibility of an entity or person to receive
funds made available under titles I, III, and V of this Act,
if the entity or person is prevented, in whole or in part,
from complying with subsection (a) because a Federal court
issues a final order in which the court finds that the
requirement of subsection (a), or the program established
under subsection (a), is unconstitutional.
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