[Congressional Record Volume 164, Number 96 (Monday, June 11, 2018)]
[Senate]
[Page S3614]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2587. Mr. ENZI (for himself, Mr. Cardin, and Mrs. Fischer) 
submitted an amendment intended to be proposed to amendment SA 2282 
submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be 
proposed to the bill H.R. 5515, to authorize appropriations for fiscal 
year 2019 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 B of title VIII, add the following:

     SEC. 823. PROMPT PAYMENTS OF SMALL BUSINESS CONTRACTORS OF 
                   THE DEPARTMENT OF DEFENSE.

       Section 2307(a) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (2) by striking ``The head of any agency may--'' and 
     inserting ``(1) The head of any agency may''; and
       (3) by adding at the end the following new paragraph:
       ``(2)(A) For a prime contractor (as defined in section 8701 
     of title 41) that is a small business concern (as defined in 
     section 3 of the Small Business Act (15 U.S.C. 632)), the 
     Secretary of Defense shall, to the fullest extent permitted 
     by law, establish an accelerated payment date with a goal of 
     20 days after receipt of a proper invoice for the amount due 
     if a specific payment date is not established by contract.
       ``(B) For a prime contractor that subcontracts with a small 
     business concern, the Secretary of Defense shall, to the 
     fullest extent permitted by law, establish an accelerated 
     payment date with a goal of 20 days after receipt of a proper 
     invoice for the amount due if--
       ``(i) a specific payment date is not established by 
     contract; and
       ``(ii) the prime contractor agrees to make payments to the 
     subcontractor in accordance with the accelerated payment 
     date, to the maximum extent practicable, without any further 
     consideration from or fees charged to the subcontractor.
       ``(C) For a prime contractor that subcontracts with a small 
     business concern, the Secretary of Defense may, to the 
     fullest extent permitted by law, establish incentives to 
     promote the accelerated payments to the subcontractor in 
     accordance with the accelerated payment date.''.
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