[Congressional Record Volume 170, Number 113 (Tuesday, July 9, 2024)]
[Senate]
[Pages S4298-S4299]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2097. Ms. ERNST submitted an amendment intended to be proposed by 
her to the bill S. 4638, to authorize appropriations for fiscal year 
2025 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 H of title X, add the following:

     SEC. 10__. LIMITATION ON FEDERAL AGENCY CREDIT FOR MEETING 
                   CONTRACTING GOALS.

       Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) 
     is amended by adding at the end the following:
       ``(4) Limitation on credit for meeting contracting goals.--
       ``(A) Definitions.--In this paragraph--
       ``(i) the term `covered category of small business concern' 
     means--

       ``(I) a small business concern owned and controlled by 
     service-disabled veterans;
       ``(II) a qualified HUBZone small business concern;
       ``(III) a small business concern owned and controlled by 
     socially and economically disadvantaged individuals; or
       ``(IV) a small business concern owned and controlled by 
     women; and

       ``(ii) the term `credit' means the value of a prime 
     contract.
       ``(B) General rule.--A Federal agency may allocate credit 
     for a single prime contract awarded to a small business 
     concern not more than 2 times for purposes of demonstrating 
     compliance with the goals of the Federal agency established 
     under paragraph (2)(A).
       ``(C) Allocation of credit.--
       ``(i) First allocation.--The first allocation of credit 
     described in subparagraph (B) shall be applied towards the 
     goal of the Federal agency established under paragraph (2)(A) 
     for participation by small business concerns.
       ``(ii) Second allocation.--A second allocation of credit 
     described in subparagraph (B) shall be applied as follows:

       ``(I) If the prime contract was awarded as a sole-source 
     contract or through competition restricted to a covered 
     category of small business concern, the credit shall be 
     applied towards the goal of the Federal agency established 
     under paragraph (2)(A) for participation by the applicable 
     covered category of small business concern.
       ``(II) If the prime contract was not awarded as a sole-
     source contract or through competition restricted to a 
     covered category of small business concern, the credit may 
     only be applied towards a single goal of the Federal agency 
     established under paragraph (2)(A), determined at the 
     election of the contracting officer, for participation by a 
     covered category of small business concern that is applicable 
     to the recipient of the prime contract, without regard to 
     whether the recipient of the prime contract qualifies as

[[Page S4299]]

     more than 1 covered category of small business concern.

       ``(D) Rulemaking.--Not later than 180 days after the date 
     of enactment of this paragraph, the Administrator shall 
     promulgate regulations to carry out this paragraph.
       ``(E) Phase-in.--
       ``(i) In general.--This paragraph shall apply with respect 
     to the fourth fiscal year beginning after the date of 
     enactment of this paragraph, and each fiscal year thereafter.
       ``(ii) Interim scoring.--For the first, second, and third 
     full fiscal years beginning after the date of enactment of 
     this paragraph, the Administrator shall submit to each 
     Federal agency and to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives an assessment of the 
     agency, providing--

       ``(I) an evaluation of whether the Federal agency met the 
     contracting goals under this subsection for the fiscal year; 
     and
       ``(II) an evaluation of whether the Federal agency would 
     have met the contracting goals under this subsection for the 
     fiscal year, if this paragraph had been in effect.

       ``(iii) Consultations.--The Administrator may consult with, 
     and make recommendations to, a Federal agency if the 
     evaluation under clause (ii)(II) identifies that the agency 
     would not have met the contracting goals under this 
     subsection, if this paragraph had been in effect.
       ``(iv) Public notice.--For the third full fiscal year 
     beginning after the date of enactment of this paragraph, the 
     Administrator shall also make the information in subclauses 
     (I) and (II) of clause (ii) available to the public.''.
                                 ______