Stop Stolen Valor for Service-Disabled Veteran-Owned Small Business Contractors

II 118TH CONGRESS 1ST SESSION S. 1469 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. IN THE SENATE OF THE UNITED STATES 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 En- trepreneurship A BILL To require certification of small business concerns as small business concerns owned and controlled by service-dis- abled veterans in order to be counted toward goals for contract awards, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Stop Stolen Valor for 4 Service-Disabled Veteran-Owned Small Business Contrac- 5 tors’’. 6 VerDate Sep 11 2014 22:57 May 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1469.IS S1469 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1469 IS SEC. 2. ELIMINATING SELF-CERTIFICATION FOR SERVICE- 1 DISABLED VETERAN-OWNED SMALL BUSI- 2 NESSES. 3 (a) DEFINITIONS.—In this section: 4 (1) ADMINISTRATOR.—The term ‘‘Adminis- 5 trator’’ means the Administrator of the Small Busi- 6 ness Administration. 7 (2) SMALL BUSINESS CONCERN; SMALL BUSI- 8 NESS CONCERNS OWNED AND CONTROLLED BY 9 SERVICE-DISABLED VETERANS.—The terms ‘‘small 10 business concern’’ and ‘‘small business concerns 11 owned and controlled by service-disabled veterans’’ 12 have the meanings given those terms in section 3 of 13 the Small Business Act (15 U.S.C. 632). 14 (b) ELIMINATING SELF-CERTIFICATION IN PRIME 15 CONTRACTING AND SUBCONTRACTING FOR SDVOSBS.— 16 (1) IN GENERAL.—Each prime contract award 17 and subcontract award that is counted for the pur- 18 pose of meeting the goals for participation by small 19 business concerns owned and controlled by service- 20 disabled veterans in procurement contracts for Fed- 21 eral agencies, as established in section 15(g)(2) of 22 the Small Business Act (15 U.S.C. 644(g)(2)), shall 23 be entered into with small business concerns cer- 24 tified by the Administrator as small business con- 25 cerns owned and controlled by service-disabled vet- 26 VerDate Sep 11 2014 22:57 May 15, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1469.IS S1469 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1469 IS erans under section 36 of such Act (15 U.S.C. 1 657f). 2 (2) EFFECTIVE DATE.—Paragraph (1) shall 3 take effect on October 1 of the fiscal year beginning 4 after the Administrator promulgates the regulations 5 required under subsection (d). 6 (c) PHASED APPROACH TO ELIMINATING SELF-CER- 7 TIFICATION FOR SDVOSBS.—Notwithstanding any other 8 provision of law, any small business concern that self-cer- 9 tified as a small business concern owned and controlled 10 by service-disabled veterans may— 11 (1) if the small business concern files a certifi- 12 cation application with the Administrator before the 13 end of the 1-year period beginning on the date of en- 14 actment of this Act, maintain such self-certification 15 until the Administrator makes a determination with 16 respect to such certification; and 17 (2) if the small business concern does not file 18 a certification application before the end of the 1- 19 year period beginning on the date of enactment of 20 this Act, lose, at the end of such 1-year period, any 21 self-certification of the small business concern as a 22 small business concern owned and controlled by serv- 23 ice-disabled veterans. 24 VerDate Sep 11 2014 22:57 May 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1469.IS S1469 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1469 IS (d) RULEMAKING.—Not later than 180 days after the 1 date of enactment of this Act, the Administrator shall pro- 2 mulgate regulations to carry out this Act. 3 Æ VerDate Sep 11 2014 22:57 May 15, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1469.IS S1469 kjohnson on DSK79L0C42PROD with BILLS