118th CONGRESS 1st Session |
To require certification of small business concerns as small business concerns owned and controlled by service-disabled veterans in order to be counted toward goals for contract awards, and for other purposes.
May 4, 2023
Ms. Ernst (for herself and Mr. Moran) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship
To require certification of small business concerns as small business concerns owned and controlled by service-disabled veterans in order to be counted toward goals for contract awards, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Stop Stolen Valor for Service-Disabled Veteran-Owned Small Business Contractors”.
SEC. 2. Eliminating self-certification for service-disabled veteran-owned small businesses.
(a) Definitions.—In this section:
(1) ADMINISTRATOR.—The term “Administrator” means the Administrator of the Small Business Administration.
(2) SMALL BUSINESS CONCERN; SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS.—The terms “small business concern” and “small business concerns owned and controlled by service-disabled veterans” have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. 632).
(b) Eliminating Self-Certification in Prime Contracting and Subcontracting for SDVOSBs.—
(1) IN GENERAL.—Each prime contract award and subcontract award that is counted for the purpose of meeting the goals for participation by small business concerns owned and controlled by service-disabled veterans in procurement contracts for Federal agencies, as established in section 15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)), shall be entered into with small business concerns certified by the Administrator as small business concerns owned and controlled by service-disabled veterans under section 36 of such Act (15 U.S.C. 657f).
(2) EFFECTIVE DATE.—Paragraph (1) shall take effect on October 1 of the fiscal year beginning after the Administrator promulgates the regulations required under subsection (d).
(c) Phased Approach to Eliminating Self-Certification for SDVOSBs.—Notwithstanding any other provision of law, any small business concern that self-certified as a small business concern owned and controlled by service-disabled veterans may—
(1) if the small business concern files a certification application with the Administrator before the end of the 1-year period beginning on the date of enactment of this Act, maintain such self-certification until the Administrator makes a determination with respect to such certification; and
(2) if the small business concern does not file a certification application before the end of the 1-year period beginning on the date of enactment of this Act, lose, at the end of such 1-year period, any self-certification of the small business concern as a small business concern owned and controlled by service-disabled veterans.
(d) Rulemaking.—Not later than 180 days after the date of enactment of this Act, the Administrator shall promulgate regulations to carry out this Act.