To provide full and open competition for congressionally directed spending items.

SA 2623. Mr. INOUYE submitted an amendment intended to be proposed by
him to the bill H.R. 3326, making appropriations for the Department of
Defense for the fiscal year ending September 30, 2010, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
Sec. __. (a) Nature of Full and Open Competition for
Congressionally Directed Spending Items.--Each
congressionally directed spending item specified in this Act
or the report accompanying this Act that is intended for
award to a for-profit entity shall be subject to acquisition
regulations for full and open competition on the same basis
as each spending item intended for a for-profit entity that
is contained in the budget request of the President.
(b) Exceptions.--Subsection (a) shall not apply to any
contract awarded--
(1) by a means that is required by Federal statute,
including for a purchase made under a mandated preferential
program;
(2) pursuant to the Small Business Act (15 U.S.C. 631 et
seq.); or
(3) in an amount less than the simplified acquisition
threshold described in section 302A(a) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
252a(a)).
(c) Congressionally Directed Spending Item Defined.--In
this section, the term ``congressionally directed spending
item'' means the following:
(1) A congressionally directed spending item, as defined in
Rule XLIV of the Standing Rules of the Senate.
(2) A congressional earmark for purposes of rule XXI of the
House of Representatives.

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