I 
109TH CONGRESS 
1ST SESSION H. R. 4427 
To direct the Secretary of Homeland Security to establish a database of 
small businesses for purposes of consultation by Federal agencies prior 
to awarding contracts relating to declared emergencies. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 18, 2005 
Mr. THOMPSON of Mississippi (for himself, Mr. ALEXANDER, Mr. JEFFERSON, 
Mr. POE, Ms. JACKSON-LEE of Texas, and Mr. TAYLOR of Mississippi) 
introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committee on 
Government Reform, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To direct the Secretary of Homeland Security to establish 
a database of small businesses for purposes of consulta-
tion by Federal agencies prior to awarding contracts 
relating to declared emergencies. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ESTABLISHMENT AND CONSULTATION OF 
SMALL BUSINESS DATABASE BY SECRETARY 
OF HOMELAND SECURITY. 
(a) ESTABLISHMENT AND CONSULTATION.—Title V 
of the Homeland Security Act of 2002 (6 U.S.C. 311 et 
seq.) is amended— 
(1) by redesignating the second section 510 as 
section 511; and 
(2) by adding at the end the following new sec-
tion: 
‘‘SEC. 512. SMALL BUSINESS DATABASE FOR FEDERAL CON-
TRACTING RELATED TO MAJOR DISASTERS 
AND EMERGENCY ASSISTANCE ACTIVITIES: 
ESTABLISHMENT AND CONSULTATION. 
‘‘(a) ESTABLISHMENT
OF DATABASE.—The Sec-
retary, acting through the Director of the Federal Emer-
gency Management Agency, shall establish and maintain 
a database of small business concerns. 
‘‘(b) INCLUDED INFORMATION.—The database under 
subsection (a) shall include the following information 
about each small business concern: 
‘‘(1) The name of the small business concern. 
‘‘(2) The location of the small business concern. 
‘‘(3) The area served by the small business con-
cern.
‘‘(4) The type of good or service provided by 
the small business concern. 
‘‘(5) Whether the small business concern is— 
‘‘(A) a small business concern owned and 
controlled by socially and economically dis-
advantaged individuals; 
‘‘(B) a small business concern owned and 
controlled by women; or 
‘‘(C) a small business concern owned and 
controlled by service-disabled veterans. 
‘‘(c) SOURCE OF INFORMATION.— 
‘‘(1) SUBMISSION.—Information maintained in 
the database shall be submitted on a voluntary basis 
by small business concerns. 
‘‘(2) ATTESTATION.—Each small business con-
cern submitting information to the database shall 
submit— 
‘‘(A) an attestation that the information 
submitted is true; and 
‘‘(B) documentation supporting such attes-
tation. 
‘‘(3) VERIFICATION.—The Secretary shall verify 
only that the documentation submitted by each small 
business concern supports the information submitted 
by that small business concern.
‘‘(4) ENFORCEMENT
PENALTIES
FOR
MIS-
REPRESENTATION.—Any concern that is determined 
by the Secretary to have misrepresented the status 
of that concern as a small business concern owned 
and controlled by socially and economically disadvan-
taged individuals, a small business concern owned 
and controlled by women, or a small business con-
cern owned and controlled by service-disabled vet-
erans for purposes of this subsection shall be subject 
to— 
‘‘(5) section 1001 of title 18; and 
‘‘(6) sections 3729 through 3733 of title 31. 
‘‘(d) AVAILABILITY OF DATABASE.—The database 
shall be made generally available on the Internet website 
of the Department. 
‘‘(e) CONSULTATION OF DATABASE.— 
‘‘(1) 
CONSULTATION
REQUIRED.—Before 
awarding a Federal contract for a disaster-related 
activity a Federal agency shall consult the database 
established under this section. 
‘‘(2) DISASTER-RELATED ACTIVITY DEFINED.— 
For purposes of this subsection, a disaster-related 
activity is an activity undertaken by reason of an 
event that is declared an emergency or a disaster by 
the President pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.). 
‘‘(f) DEFINITIONS.—For purposes of this section, the 
terms ‘small business concern’, ‘small business concern 
owned and controlled by socially and economically dis-
advantaged individuals’, ‘small business concern owned 
and controlled by women’, and ‘small business concern 
owned and controlled by service-disabled veterans’ shall 
have the meanings given those terms under the Small 
Business Act (15 U.S.C. 631 et seq.).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by adding after the items relating to section 509 
the following: 
‘‘Sec. 510. Procurement of security countermeasures for strategic national 
stockpile. 
‘‘Sec. 511. Urban and other high risk area communications capabilities. 
‘‘Sec. 512. Small business database for Federal contracting related to declared 
emergencies: establishment and consultation.’’. 
(c) EFFECTIVE DATE.—The Secretary shall establish 
the database required under section 512 of the Homeland 
Security Act of 2002 (as added by subsection (a)) not later 
than the date that is 60 days after the date of the enact-
ment of this Act. 
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