[Congressional Record Volume 161, Number 118 (Sunday, July 26, 2015)]
[Senate]
[Page S5874]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2488. Mr. BROWN (for himself, Mr. Reed, Mr. Menendez, and Mr.
Merkley) submitted an amendment intended to be proposed to amendment SA
2266 proposed by Mr. McConnell to the bill H.R. 22, to amend the
Internal Revenue Code of 1986 to exempt employees with health coverage
under TRICARE or the Veterans Administration from being taken into
account for purposes of determining the employers to which the employer
mandate applies under the Patient Protection and Affordable Care Act;
which was ordered to lie on the table; as follows:
On page 323, line 13, strike the quotation marks and the
second period and insert the following:
``(u) Disadvantaged Business Enterprises.--
``(1) Findings.--Congress finds that--
``(A) while significant progress has occurred due to the
establishment of the disadvantaged business enterprise
program, discrimination and related barriers continue to pose
significant obstacles for minority- and women-owned
businesses seeking to do business in federally assisted
surface transportation markets across the United States;
``(B) the continuing barriers described in subparagraph (A)
merit the continuation of the disadvantaged business
enterprise program;
``(C) Congress has received and reviewed testimony and
documentation of race and gender discrimination from numerous
sources, including congressional hearings and roundtables,
scientific reports, reports issued by public and private
agencies, news stories, reports of discrimination by
organizations and individuals, and discrimination lawsuits,
which show that race- and gender-neutral efforts alone are
insufficient to address the problem;
``(D) the testimony and documentation described in
subparagraph (C) demonstrate that discrimination across the
United States poses a barrier to full and fair participation
in surface transportation-related businesses of women
business owners and minority business owners and has impacted
firm development and many aspects of surface transportation-
related business in the public and private markets; and
``(E) the testimony and documentation described in
subparagraph (C) provide a strong basis that there is a
compelling need for the continuation of the disadvantaged
business enterprise program to address race and gender
discrimination in surface transportation-related business.
``(2) Definitions.--In this subsection, the following
definitions apply:
``(A) Small business concern.--
``(i) In general.--The term `small business concern' means
a small business concern (as the term is used in section 3 of
the Small Business Act (15 U.S.C. 632)).
``(ii) Exclusions.--The term `small business concern' does
not include any concern or group of concerns controlled by
the same socially and economically disadvantaged individual
or individuals that have average annual gross receipts during
the preceding 3 fiscal years in excess of $22,410,000, as
adjusted annually by the Secretary for inflation.
``(B) Socially and economically disadvantaged
individuals.--The term `socially and economically
disadvantaged individuals' has the meaning given the term in
section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and
relevant subcontracting regulations issued pursuant to that
Act, except that women shall be presumed to be socially and
economically disadvantaged individuals for purposes of this
subsection.
``(3) Amounts for small business concerns.--Except to the
extent that the Secretary determines otherwise, not less than
10 percent of the amounts made available for any program
under this chapter shall be expended through small business
concerns owned and controlled by socially and economically
disadvantaged individuals.
``(4) Annual listing of disadvantaged business
enterprises.--Each State shall annually--
``(A) survey and compile a list of the small business
concerns referred to in paragraph (2) in the State, including
the location of the small business concerns in the State; and
``(B) notify the Secretary, in writing, of the percentage
of the small business concerns that are controlled by--
``(i) women;
``(ii) socially and economically disadvantaged individuals
(other than women); and
``(iii) individuals who are women and are otherwise
socially and economically disadvantaged individuals.
``(5) Uniform certification.--
``(A) In general.--The Secretary shall establish minimum
uniform criteria for use by State governments in certifying
whether a concern qualifies as a small business concern for
the purpose of this subsection.
``(B) Inclusions.--The minimum uniform criteria established
under subparagraph (A) shall include, with respect to a
potential small business concern--
``(i) on-site visits;
``(ii) personal interviews with personnel;
``(iii) issuance or inspection of licenses;
``(iv) analyses of stock ownership;
``(v) listings of equipment;
``(vi) analyses of bonding capacity;
``(vii) listings of work completed;
``(viii) examination of the resumes of principal owners;
``(ix) analyses of financial capacity; and
``(x) analyses of the type of work preferred.
``(6) Reporting.--The Secretary shall establish minimum
requirements for use by State governments in reporting to the
Secretary--
``(A) information concerning disadvantaged business
enterprise awards, commitments, and achievements; and
``(B) such other information as the Secretary determines to
be appropriate for the proper monitoring of the disadvantaged
business enterprise program.
``(7) Compliance with court orders.--Nothing in this
subsection limits the eligibility of an individual or entity
to receive funds made available under this chapter if the
individual or entity is prevented, in whole or in part, from
complying with paragraph (2) because a Federal court issues a
final order in which the court finds that a requirement or
the implementation of paragraph (2) is unconstitutional.''.
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