[Congressional Record Volume 171, Number 133 (Friday, August 1, 2025)]
[Senate]
[Page S5221]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3423. Mr. MULLIN submitted an amendment intended to be proposed by 
him to the bill S. 2296, to authorize appropriations for fiscal year 
2026 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. 840. ENHANCING EFFICIENCY AND FAIRNESS IN DEFENSE 
                   PROCUREMENT PROTESTS.

       (a) Purpose.--The purpose of this section is to streamline 
     Department of Defense procurement by reducing frivolous bid 
     protests while ensuring fair access to protest mechanisms for 
     contractors.
       (b) Protest Filing Fee.--
       (1) Fee.--
       (A) In general.--Except as provided under paragraph (2), 
     contractors filing a protest with the Government 
     Accountability Office or the Court of Federal Claims for a 
     Department of Defense contract that is determined to be 
     ``frivolous'' in accordance with subsection (e) shall pay a 
     non-refundable fee valued at 1 percent of the minimum 
     guarantee value or fixed cost value as applicable, unless 
     waived under paragraph (2).
       (B) Crediting of fees.--An amount received under this 
     subsection--
       (i) shall be retained by the Department of Defense or the 
     element of the Department of Defense receiving the amount; 
     and
       (ii) shall be merged with and available for the same 
     purpose and the same time period as the appropriation from 
     which the contract oversight originated.
       (C) Due date.--Fees incurred under subparagraph (A) shall 
     be due within 30 days of protest completion and the frivolous 
     protest determination in accordance with subsection (e).
       (2) Exemptions.--
       (A) Small business concerns and first-time protesters.--
     Small business concerns (as that term is defined in section 3 
     of the Small Business Act (15 U.S.C. 632)) and contractors 
     with no prior protests in the preceding 3 years are exempt 
     from the filing fee requirement under paragraph (1).
       (B) Low-value contracts.--Contracts valued at less than 
     $5,000,000 are exempt from the filing fee requirement under 
     paragraph (1).
       (c) Enhanced Oversight for Repeat Protestors.--
       (1) Oversight.--Contractors with three or more protests 
     deemed frivolous by the Government Accountability Office or 
     the Court of Federal Claims within a 5-year period may be 
     subject to enhanced oversight, including mandatory pre-filing 
     reviews by the Department of Defense.
       (2) Suspension.--Repeat frivolous protesters may face 
     temporary suspension from bidding on Department of Defense 
     contracts for up to 1 year.
       (d) Annual Report.--The Secretary of Defense shall post on 
     a publicly available website of the Department an annual 
     report detailing protest filings, outcomes, and fees 
     collected.
       (e) Guidance Regarding Frivolous Protests.--Not later than 
     180 days after the date of the enactment of this Act, the 
     Comptroller General of the United States shall issue guidance 
     defining frivolous protests.
       (f) Enhanced Oversight Defined.--In this section, the term 
     ``enhanced oversight'' means a review process by the 
     Department of Defense to assess a contractor's protest 
     history.
       (g) Effective Date.--The requirements under this section 
     (other than subsection (e)) shall take effect one year after 
     the date of the enactment of this Act.
                                 ______