S.Amdt. 3414

SA 3414. Mr. BURRIS submitted an amendment intended to be proposed to
amendment SA 3336 proposed by Mr. Baucus to the bill 4213, to amend the
Internal Revenue Code of 1986 to extend certain expiring provisions,
and for other purposes; which was ordered to lie on the table; as
follows:

On page 268, between lines 11 and 12, insert the following:

SEC. 602. ENSURING CONTRACTING WITH SMALL BUSINESS CONCERNS
AND DISADVANTAGED BUSINESS CONCERNS.

(a) Definitions.--In this section--
(1) the term ``Administration'' means the Transportation
Security Administration;
(2) the term ``Assistant Secretary'' means the Assistant
Secretary of Homeland Security, Transportation Security
Administration;
(3) the terms ``HUBZone small business concern'', ``small
business concern'', ``small business concern owned and
controlled by service-disabled veterans'', and ``small
business concern owned and controlled by women'' have the
meanings given those terms under section 3 of the Small
Business Act (15 U.S.C. 632); and
(4) the term ``small business concern owned and controlled
by socially and economically disadvantaged individuals'' has
the meaning given that term in section 8(d)(3)(C) of the
Small Business Act (15 U.S.C. 637(d)(3)(C)).
(b) Requirements for Prime Contracts.--The Assistant
Secretary shall include in each contract, valued at
$300,000,000 or more, awarded for procurement of products or
services acquired for the Administration--
(1) a requirement that the contractor shall submit to the
Assistant Secretary and implement a plan for the award, in
accordance with other applicable requirements, of
subcontracts under the contract to small business concerns,
including small business concerns owned and controlled by
socially and economically disadvantaged individuals, small
business concerns owned and controlled by women, small
business concerns owned and controlled by service-disabled
veterans, HUBZone small business concerns, small business
concerns participating in the program under section 8(a) of
the Small Business Act (15 U.S.C. 637(a)), institutions of
higher education receiving assistance under title III or V of
the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.;
1101 et seq.), and Native Corporations created pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.); and
(2) a requirement that the contractor shall submit to the
Assistant Secretary, during performance of the contract,
periodic reports describing the extent to which the
contractor has complied with the plan submitted under
paragraph (1), including a specification (by total dollar
amount and by percentage of the total dollar value of the
contract) of the value of subcontracts awarded at all tiers
of subcontracting to small business concerns, institutions,
and corporations referred to in paragraph (1).
(c) Utilization of Alliances.--The Assistant Secretary
shall seek to facilitate award of contracts by the
Administration to teams of small business concerns,
institutions, and corporations referred to in subsection
(b)(1).
(d) Annual Report.--
(1) In general.--Not later than October 31 of each year,
the Assistant Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Homeland Security of the House of
Representatives a report on the award of contracts to small
business concerns, institutions, and corporations referred to
in subsection (b)(1) during the preceding fiscal year.
(2) Contents.--Each report submitted by the Assistant
Secretary under paragraph (1) shall--
(A) for contracts to small business concerns, institutions,
and corporations referred to in subsection (b)(1) awarded
during the preceding fiscal year, specify--

[[Page S1192]]

(i) the value of the contracts, by dollar amount and as a
percentage of the total dollar value of all contracts awarded
by the Administration in the fiscal year; and
(ii) the total dollar value of the contracts awarded to
each of the categories of small business concerns,
institutions, and corporations referred to in subsection
(b)(1); and
(B) if the percentage specified under subparagraph (A)(i)
is less than 25 percent, an explanation of--
(i) why the percentage is less than 25 percent; and
(ii) what will be done to ensure that the percentage for
the following fiscal year will not be less than 25 percent.
______