S.Amdt. 1432
What it does: Adds SEC. 889. RESTRICTING CONTRACTING FOR ALASKA NATIVE CORPORATIONS at the end of subtitle E of title VIIIWhat it changes
1 change to S. 1867 · shown in the bill's text
Adds SEC. 889. RESTRICTING CONTRACTING FOR ALASKA NATIVE CORPORATIONS at the end of subtitle E of title VIII
Adds a sectionIn S. 1867 · Placed on Calendar Senate
(2) An identification of the fire-resistance or fire- retardant properties or capabilities of fibers and materials (whether domestic or foreign) otherwise available in the United States that are suitable for use in the production of military products that require such properties or capabilities, and an assessment of the sufficiency, adequacy, availability, and cost of such fibers and materials for that purpose.
Inserted: SEC. 889. RESTRICTING CONTRACTING FOR ALASKA NATIVE CORPORATIONS.
Inserted: Section 8(a) of the Small Business Act (15 U.S.C. 637(a)(16)) is amended by adding at the end the following:
Inserted: "(22) Alaska Native Corporations.--
Inserted: "(A) Definition.--In this paragraph, the term 'appropriate official' means, with respect to a contract, the official who would be required to approve a justification for the contract under section 3304(e)(1)(B) of title 41, United States Code, if a justification were required for the contract under such section 3304.
Inserted: "(B) Prohibition.--The Administrator may not award a contract under this section to a Program Participant that is an Alaska Native Corporation or a subsidiary of an Alaska Native Corporation unless--
Inserted: "(i)(I) the Program Participant certifies in writing to the Administrator that not less than 35 percent of the employees of the Program Participant who are engaged in performing the contract are Natives, as defined in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)); or
Inserted: "(II) the Administrator determines that not less than 35 percent of the employees of the Program Participant who are engaged in performing the contract are Natives, as defined in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)), based on--
Inserted: "(aa) information submitted to the Administrator by the Program Participant; or
Inserted: "(bb) certification procedures established by the Administrator by regulation;
Inserted: "(ii) the contracting officer for the contract justifies the contract in writing;
Inserted: "(iii) the justification includes a determination that the contract is in the best interest of the procuring agency;
Inserted: "(iv) the justification is approved by the appropriate official of the procuring agency; and
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Inserted: "(v) the justification and related information are made public as provided in subsection (e)(1)(C) or subsection (f) of section 3304 of title 41, United States Code, as applicable.".
Original wording
At the end of subtitle E of title VIII, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1432. Mrs. McCASKILL submitted an amendment intended to be proposed by her to the bill S. 1867, to authorize appropriations for fiscal year 2012 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title VIII, add the following:
SEC. 889. RESTRICTING CONTRACTING FOR ALASKA NATIVE CORPORATIONS.
Section 8(a) of the Small Business Act (15 U.S.C. 637(a)(16)) is amended by adding at the end the following:
“(22) Alaska Native Corporations.--
“(A) Definition.--In this paragraph, the term ‘appropriate official' means, with respect to a contract, the official who would be required to approve a justification for the contract under section 3304(e)(1)(B) of title 41, United States Code, if a justification were required for the contract under such section 3304.
“(B) Prohibition.--The Administrator may not award a contract under this section to a Program Participant that is an Alaska Native Corporation or a subsidiary of an Alaska Native Corporation unless--
“(i)(I) the Program Participant certifies in writing to the Administrator that not less than 35 percent of the employees of the Program Participant who are engaged in performing the contract are Natives, as defined in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)); or
“(II) the Administrator determines that not less than 35 percent of the employees of the Program Participant who are engaged in performing the contract are Natives, as defined in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)), based on--
“(aa) information submitted to the Administrator by the Program Participant; or
“(bb) certification procedures established by the Administrator by regulation;
“(ii) the contracting officer for the contract justifies the contract in writing;
“(iii) the justification includes a determination that the contract is in the best interest of the procuring agency;
“(iv) the justification is approved by the appropriate official of the procuring agency; and
“(v) the justification and related information are made public as provided in subsection (e)(1)(C) or subsection (f) of section 3304 of title 41, United States Code, as applicable.”.
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Senate amendment submitted
November 29, 2011