Bills · H.R. 4615 · Text
Reported in House
Confirmed from the official record
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4615 Reported in House (RH)]
<DOC>
Union Calendar No. 746
119th CONGRESS
2d Session
H. R. 4615
[Report No. 119-849]
To amend the Small Business Act to provide interim partial payment to
small business contractors that request an equitable adjustment due to
a change in the terms of a construction contract, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2025
Mr. Stauber (for himself, Mr. Veasey, Mr. Fitzpatrick, and Mr.
Norcross) introduced the following bill; which was referred to the
Committee on Small Business
October 9, 2026
Additional sponsors: Mr. Sorensen, Mr. Case, Ms. Davids of Kansas, Mr.
Vindman, Mr. Carson, Mr. Lawler, Mr. Davis of North Carolina, Mr.
Landsman, Mr. Bresnahan, Ms. Craig, Ms. Scholten, and Mr. Cisneros
October 9, 2026
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on July
22, 2025]
_______________________________________________________________________
A BILL
To amend the Small Business Act to provide interim partial payment to
small business contractors that request an equitable adjustment due to
a change in the terms of a construction contract, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Payment for
Performance Act of 2026''.
SEC. 2. EQUITABLE ADJUSTMENTS TO CONSTRUCTION CONTRACTS.
(a) In General.--Section 15 of the Small Business Act (15 U.S.C.
644) is amended--
(1) by redesignating subsections (x) and (y) as subsections
(y) and (z), respectively; and
(2) by inserting after subsection (w) the following new
subsection:
``(x) Interim Partial Payments for Equitable Adjustments to
Construction Contracts.--
``(1) Request for an equitable adjustment.--A small
business concern that was awarded a contract for construction
by an agency may submit a request for an equitable adjustment
to the contracting officer of such agency, in accordance with
the procedures of such agency and the procedures applicable to
such contract, if the contracting officer directs a change in
the terms of the contract performance without the agreement of
the small business concern. Such request shall--
``(A) be timely made pursuant to the terms of the
contract; and
``(B) specify the estimated amount required to
cover additional costs resulting from such change in
the terms.
``(2) Amount.--Upon receipt of a request under paragraph
(1), the agency shall provide to such concern an interim
partial payment in an amount equal to not less than 50 percent
of the estimated amount under paragraph (1)(B).
``(3) Limitation.--Any interim partial payment made under
this section may not be deemed to be an action to definitize
the request for an equitable adjustment.
``(4) Flow-down of interim partial payment amounts.--A
small business concern that receives an interim partial payment
under this subsection shall pay to a first tier subcontractor
of such concern the portion of each interim partial payment
received that is attributable to the increased costs of
performance incurred by such subcontractor due to the change in
the terms of the contract performance described in paragraph
(1). A first tier subcontractor that receives a portion of an
interim partial payment under this paragraph shall pay to a
subcontractor (at any tier) the appropriate portion of such
payment.''.
(b) Implementation.--Not later than 90 days after the date of the
enactment of this Act, the Administrator of the Small Business
Administration shall issue rules in accordance with the provisions of
subchanpter II of chapter 5 of title 5, United States Code, (commonly
referred to as the Administrative Procedures Act) to implement the
requirements of this section.
(c) Conforming Amendment.--Paragraph (2) of section 15(y) of the
Small Business Act, as redesignated by subsection (a), is amended by
striking ``(as defined in subsection (y))'' and inserting ``(as defined
in subsection (z))''.
Union Calendar No. 746
119th CONGRESS
2d Session
H. R. 4615
[Report No. 119-849]
_______________________________________________________________________
A BILL
To amend the Small Business Act to provide interim partial payment to
small business contractors that request an equitable adjustment due to
a change in the terms of a construction contract, and for other
purposes.
_______________________________________________________________________
October 9, 2026
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed