II 118THCONGRESS 1 STSESSION 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 MAY4, 2023 Ms. E RNST(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) D EFINITIONS.—In this section: 4 (1) A DMINISTRATOR.—The term ‘‘Adminis-5 trator’’ means the Administrator of the Small Busi-6 ness Administration. 7 (2) S MALL 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) E LIMINATINGSELF-CERTIFICATION IN PRIME 15 C ONTRACTING AND SUBCONTRACTING FOR SDVOSBS.— 16 (1) I N 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) E FFECTIVE 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) P HASEDAPPROACH TOELIMINATINGSELF-CER-7 TIFICATION FORSDVOSBS.—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