S.Amdt. 2587

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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