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119th CONGRESS
2d Session |
To direct the Administrator of the Small Business Administration to reinstate and extend participation in the 8(a) Program for certain concerns, and for other purposes.
Mr. Cisneros (for himself and Ms. Velázquez) introduced the following bill; which was referred to the Committee on Small Business
To direct the Administrator of the Small Business Administration to reinstate and extend participation in the 8(a) Program for certain concerns, 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 “8(a) Small Business Integrity and Stability Act of 2026”.
In this Act:
(1) 8(a) PROGRAM.—The term “8(a) Program” means the program established under section 8(a) of the Small Business Act (15 U.S.C. 637).
(2) PROGRAM PARTICIPANT.—The term “Program Participant” has the meaning given under section 8(a) of the Small Business Act (15 U.S.C. 637).
SEC. 3. EXTENSION OF PARTICIPATION IN THE 8(a) PROGRAM.
(a) In general.—Notwithstanding section 7(j)(11)(C) of the Small Business Act (15 U.S.C. 636(j)(11)(C)), beginning on the date that is 75 days after the date of the enactment of this Act, the Administrator of the Small Business Administration shall extend the term of participation in the 8(a) Program by a period of 1 year for a small business concern—
(1) that was participating in the 8(a) Program between January 20, 2025, and September 30, 2026; and
(2) that does not decline such extension.
(b) Rulemaking authority.—Not later than 15 days after the date of enactment of this section, the Administrator shall issue rules, in accordance with the notice requirements under section 553 of title 5, United States Code, to carry out this section. Such rules shall be similar to the rules issued to carry out section 869 of the National Defense Authorization Act of Fiscal Year 2021 (15 U.S.C. 637 note) and section 330 of division N of the Consolidated Appropriations Act, 2021 (15 U.S.C. 637 note).
(c) Prohibition on official travel.—If the Administrator does not issue a final rule under subsection (a) the date that is 75 days after the date of the enactment of this Act, the Administrator may not obligate any funds made available for official travel by the Administrator until the Administrator submits such final rule.
SEC. 4. REINSTATEMENT AND EXTENSION OF PARTICIPATION IN THE 8(a) PROGRAM FOR COVERED CONCERNS.
(a) Reinstatement.—Notwithstanding section 7(j)(11)(C) of the Small Business Act (15 U.S.C. 636(j)(11)(C)), the Administrator of the Small Business Administration shall ensure that a covered concern may be reinstated as a Program Participant in the 8(a) Program as if—
(1) the participation of such covered concern was not terminated; or
(2) the covered concern did not voluntarily withdraw from participation in the 8(a) Program.
(b) Extension.—A covered concern reinstated pursuant to subsection (a) may elect to extend such participation by a period of 1 year.
(c) Covered concern defined.—In this section, the term “covered concern”—
(1) means a small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) that was participating in the 8(a) Program—
(A) which participation was terminated due to failure to comply with the request for information issued by the Office of Management and Budget (Control Number 3245–0430; concluded November 18, 2025); or
(B) that voluntarily withdrew from participation in the 8(a) Program on or after January 19, 2026, and before October 1, 2026; and
(2) does not include a small business concern described in subparagraph (A)(i) for which the Office of Hearings and Appeals established under section 5(i) of the Small Business Act (15 U.S.C. 634(i)) upheld such termination.
SEC. 5. Application of certain social disadvantage regulations to eligible concerns.
With respect to a Program Participant that, on or before June 11, 2026, was determined by the Administrator of the Small Business Administration to be socially disadvantaged for purposes of participation in the 8(a) Program pursuant to section 124.103(c) of title 13, Code of Federal Regulations, the Administrator shall apply the requirements of such section 124.103(c), as in effect on June 11, 2026, to any determination relating to the continued participation of such Program Participant in the 8(a) Program.