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II
116TH CONGRESS
1ST SESSION
S. 2852
To amend section 3903 of title 31, United States Code, to establish acceler-
ated payments applicable to contracts with certain small business con-
cerns, and for other purposes.
IN THE SENATE OF THE UNITED STATES
NOVEMBER 13, 2019
Ms. MCSALLY introduced the following bill; which was read twice and referred
to the Committee on Homeland Security and Governmental Affairs
A BILL
To amend section 3903 of title 31, United States Code,
to establish accelerated payments applicable to contracts
with certain small business concerns, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Accelerated Payments
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for Small Businesses Act of 2019’’.
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•S 2852 IS
SEC. 2. ACCELERATED PAYMENTS APPLICABLE TO CON-
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TRACTS WITH CERTAIN SMALL BUSINESS
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CONCERNS UNDER THE PROMPT PAYMENT
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ACT.
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Section 3903(a) of title 31, United States Code, is
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amended—
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(1) in paragraph (1)(B), by inserting ‘‘except as
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provided in paragraphs (10) and (11),’’ before ‘‘30
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days’’;
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(2) in paragraph (8), by striking ‘‘and’’ at the
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end;
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(3) in paragraph (9), by striking the period at
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the end and inserting a semicolon; and
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(4) by adding at the end the following:
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‘‘(10) for a prime contractor (as defined in sec-
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tion 8701 of title 41) that is a small business con-
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cern (as defined in section 3 of the Small Business
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Act (15 U.S.C. 632)), to the fullest extent permitted
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by law, require that the head of an agency establish
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an accelerated payment date with a goal of 15 days
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after a proper invoice for the amount due is received
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if a specific payment date is not established by con-
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tract; and
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‘‘(11) for a prime contractor (as defined in sec-
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tion 8701 of title 41) that subcontracts with a small
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business concern (as defined in section 3 of the
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•S 2852 IS
Small Business Act (15 U.S.C. 632)), to the fullest
1
extent permitted by law, require that the head of an
2
agency establish an accelerated payment date with a
3
goal of 15 days after a proper invoice for the
4
amount due is received if—
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‘‘(A) a specific payment date is not estab-
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lished by contract; and
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‘‘(B) the prime contractor agrees to make
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payments to the subcontractor in accordance
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with the accelerated payment date, to the max-
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imum extent practicable, without any further
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consideration from or fees charged to the sub-
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contractor.’’.
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Æ
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