[Congressional Record Volume 165, Number 98 (Wednesday, June 12, 2019)]
[Senate]
[Page S3372]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 254. Ms. DUCKWORTH (for herself and Ms. Hirono) submitted an 
amendment intended to be proposed by her to the bill S. 1790, to 
authorize appropriations for fiscal year 2020 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 appropriate place in title X, insert the following:

     SEC. 10__. SENSE OF CONGRESS REGARDING THE RECOMMENDATIONS OF 
                   THE SECTION 809 PANEL RELATING TO SMALL 
                   BUSINESSES.

       (a) Definitions.--In this section--
       (1) the term ``covered recommendations'' means the 
     recommendations made by the section 809 panel to--
       (A) eliminate existing mandatory small business set-aside 
     requirements for readily available products and services, 
     with or without customization; and
       (B) prioritize the acquisition of commercial products and 
     services described in subparagraph (A) and non-developmental 
     items using a price preference instead of using small 
     business set-aside programs;
       (2) the term ``section 809 panel'' means the advisory panel 
     established under section 809 of the National Defense 
     Authorization Act for Fiscal Year 2016 (Public Law 114-92; 
     129 Stat. 889); and
       (3) the term ``small business concern'' has the meaning 
     given the term in section 3(a) of the Small Business Act (15 
     U.S.C. 632(a)).
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the section 809 panel--
       (A) has made important contributions through the 
     recommendations submitted by the panel; and
       (B) serves an important role in recommending improvements 
     to the defense acquisition process;
       (2) while well-intentioned, the covered recommendations are 
     contrary to the policy set forth in section 2(a) of the Small 
     Business Act (15 U.S.C. 631(a)), which states that the 
     security and economic well-being of the United States 
     ``cannot be realized unless the actual and potential capacity 
     of small business is encouraged and developed''; and
       (3) to the maximum extent possible, the Federal Government 
     should aid, assist, and protect the interests of small 
     business concerns--
       (A) in order to--
       (i) preserve free enterprise;
       (ii) foster increased competition, which reduces the costs 
     incurred by the Department of Defense; and
       (iii) maintain and strengthen the overall economy of the 
     United States; and
       (B) by ensuring that the Federal Government--
       (i) awards a fair proportion of the total number of 
     contracts and subcontracts for property and services 
     purchased by the Federal Government, including contracts and 
     subcontracts for maintenance, repair, and construction, to 
     small business concerns; and
       (ii) makes a fair proportion of the total sales of property 
     of the Federal Government to small business concerns.
                                 ______