[Congressional Record Volume 149, Number 134 (Friday, September 26, 2003)]
[Senate]
[Pages S12057-S12058]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

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  SA 1788. Mr. FRIST (for Ms. Snowe (for herself and Mr. Kerry)) 
proposed an amendment to the bill S. 1375, to provide for the 
reauthorization of programs administered by the Small Business 
Administration, and for other purposes; as follows:

       On page 87, strike line 7 and all that follows through page 
     91, line 4.
       On page 91, strike line 23 and all that follows through 
     page 92, line 5, and insert the following:
       Section 351(3)(A)(ii) of the Small Business Investment Act 
     of 1958 (15 U.S.C. 689(3)(A)(ii)) is amended--
       (1) in subclause (I), by striking ``50 percent or more'' 
     and all that follows and inserting ``the median family income 
     for such tract does not exceed 80 percent of the greater of 
     the statewide median family income or metropolitan area 
     median family income; or''; and
       (2) in subclause (II), by striking ``household income'' 
     each place it appears and inserting ``family income''.
       On pages 109 through 110, redesignate paragraphs (6) 
     through (13) as paragraphs (7) through (14), respectively.
       On page 109, between lines 2 and 3, insert the following:
       ``(6) Disadvantaged native american entrepreneur.--The term 
     `disadvantaged Native American entrepreneur' means a 
     disadvantaged entrepreneur who is also a member of an Indian 
     Tribe.''
       On page 111, line 21, strike ``and'' and all that follows 
     through ``(4)'' on line 22, and insert the following:
       ``(4) to provide training and technical assistance to 
     disadvantaged Native American entrepreneurs and prospective 
     entrepreneurs; and
       ``(5)''
       On page 117, strike lines 9 through 14 and insert the 
     following:
       ``(i) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to the Administrator $15,000,000 for each of the fiscal years 
     2004 through 2006 to carry out the provisions of this 
     section, which shall remain available until expended.
       ``(2) Training for native american entrepreneurs.--In 
     addition to the amount authorized under subsection (i)(1), 
     there are authorized to be appropriated to the Administrator 
     $2,000,000 for each of the fiscal years 2004 through 2006 to 
     carry out the provisions of subsection (c)(4), which shall 
     remain available until expended.''
       On page 190, strike line 21 and all that follows through 
     ``(iii)'' on page 191, line 1, and insert the following:
       ``(ii)''.
       On page 192, strike line 11 and all that follows through 
     page 193, line 6, and insert the following:

     SEC. 403. SMALL BUSINESS PARTICIPATION IN PRIME CONTRACTING.

       (a) Reserved Contracts.--Section 15(j) of the Small 
     Business Act (15 U.S.C. 644(j)) is amended by adding at the 
     end the following:
       ``(4) Any adjustment to the simplified acquisition 
     threshold (as defined in section 4(11) of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 403(11))), shall be 
     immediately matched by an identical adjustment to the small 
     business reserve for purposes of this subsection.''.
       (b) Participation in Multiple Award Contracts.--Section 
     15(j) of the Small Business Act (15 U.S.C. 644(j)) is 
     amended--
       (1) in paragraph (2), by striking ``(2) In carrying out 
     paragraph (1)'' and inserting ``(3) In carrying out 
     paragraphs (1) and (2)'';
       (2) in paragraph (3), by striking ``(3) Nothing in 
     paragraph (1)'' and inserting ``(4) Nothing in this 
     subsection''; and
       (3) by adding after paragraph (1) the following:
       ``(2)(A) In the case of orders under multiple award 
     contracts, including Federal Supply Schedule contracts and 
     multi-agency contracts, that are subject to the small 
     business reserve, contracting officers shall consider not 
     less than 2 small business concerns if such small business 
     concerns can offer the items sought by the contracting 
     officer on competitive terms, with respect to price, quality, 
     and delivery schedule, with the goods or services available 
     in the market.
       ``(B) If only 1 small business concern can satisfy the 
     requirement, the contracting officer shall include such small 
     business concern in their evaluation.''.
       (c) Report Requirement.--
       (1) In general.--Not less than once every 180 days, the 
     Comptroller General shall submit a report on the level of 
     participation in multiple award contracts, including the 
     Federal Supply Schedule to--
       (A) the Small Business Administration;
       (B) the Committee on Small Business and Entrepreneurship of 
     the Senate; and
       (C) the Committee on Small Business of the House of 
     Representatives.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall contain, for the 6-month reporting period--
       (A) the total number of multiple award contracts;
       (B) the total number of small business concerns that 
     received multiple award contracts;
       (C) the total number of orders;
       (D) the total value of orders;

[[Page S12058]]

       (E) the number of orders received by small business 
     concerns;
       (F) the value of orders received by small business 
     concerns;
       (G) the number of small business concerns that received 
     orders; and
       (H) such other information that the Comptroller General 
     considers relevant.
       On page 193, strike line 14 and all that follows through 
     page 194, line 7, and insert the following:
       (2) in subparagraph (F), by striking the period at the end 
     and inserting ``; and''; and
       ``(G) certification that the offeror or bidder will acquire 
     articles, equipment, supplies, services, or materials, or 
     obtain the performance of construction work from small 
     business concerns in the amount and quality used in preparing 
     the bid or proposal, unless such small business concerns are 
     no longer in business or can no longer meet the quality, 
     quantity, or delivery date.''.
       (b) Penalties for False Certifications.--Section 16(f) of 
     the Small Business Act (15 U.S.C. 645(f)) is amended by 
     striking ``of this Act'' and inserting ``or the reporting 
     requirements of section 8(d)(11)''.
       On page 195, strike lines 4 through 19 and insert the 
     following:
       (1) by redesignating paragraph (11) as paragraph (14); and
       (2) by inserting after paragraph (10) the following:
       ``(11) Certification.--A report submitted by the prime 
     contractor pursuant to paragraph (6)(E) to determine the 
     attainment of a subcontract utilization goal under any 
     subcontracting plan entered into with a Federal agency under 
     this subsection shall contain the name and signature of the 
     president or chief executive officer of the contractor, 
     certifying that the subcontracting data provided in the 
     report are accurate and complete.
       ``(12) Centralized database.--The results of an evaluation 
     under paragraph (10)(C) shall be included in a national 
     centralized governmentwide database.
       ``(13) Payments pending reports.--Each Federal agency 
     having contracting authority shall ensure that the terms of 
     each contract for goods and services includes a provision 
     allowing the contracting officer of an agency to withhold an 
     appropriate amount of payment with respect to a contract 
     (depending on the size of the contract) until the date of 
     receipt of complete, accurate, and timely subcontracting 
     reports in accordance with paragraph (11).''.
       On page 196, lines 17 and 18, strike ``performance, or lack 
     of performance of the subcontractor.'' and insert 
     ``circumstances surrounding the failure to make the timely 
     payment described in subparagraph (A).''.
       On page 199, line 3, strike ``(b)'' and insert the 
     following:
       (b) HUBZone Status Timeline and Commencement.--
       (1) In general.--A base closure area shall be treated as a 
     HUBZone for a period of 5 years beginning on the date of 
     final closure. A military base that was closed before the 
     date of enactment of this Act shall not be considered a base 
     closure area for purposes of this section.
       (2) Effective date.--This section and the amendments made 
     by this section shall take effect on the date of enactment of 
     this Act.
       (c)
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  SA 1789. Mr. FRIST (for Mr. Graham of South Carolina) proposed an 
amendment to the resolution S. Res. 219, to encourage the People's 
Republic of China to establish a market-based valuation of the yuan and 
to fulfill its commitments under international trade agreements; as 
follows:

       Strike the fourth clause of the preamble.
       In the seventh clause of the preamble, strike ``free 
     fluctuation'' and insert ``market-based valuation''.

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