Reported in House

[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