118 S1469 IS: Stop Stolen Valor for Service-Disabled Veteran-Owned Small Business Contractors U.S. Senate 2023-05-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 1469IN THE SENATE OF THE UNITED STATESMay 4, 2023Ms. Ernst (for herself and Mr. Moran) introduced the following bill; which was read twice and referred to the Committee on Small Business and EntrepreneurshipA BILLTo 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.

1.

Short title

This Act may be cited as the Stop Stolen Valor for Service-Disabled Veteran-Owned Small Business Contractors.

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.