,,ib ,union ,calendar ,no4 #bbe #aafth ,,congress #ast ,session ,h4 ,r4 #afae ,report ,no4 #aaf-bhj1 ,part ,i ,,in ,,the ,,house ,,of ,,representatives ,march #g1 #bjai ,mr4 ,kelly of ,mississippi 7for himself1 ,mr4 ,chabot1 ,mr4 ,stauber1 ,miss ,gonzlez-,coln of ,puerto ,rico1 ,mr4 ,fitzpatrick1 ,mr4 ,bergman1 ,ms4 ,kuster of ,new ,hampshire1 ,mr4 ,watkins1 ,mrs4 ,radewagen1 ,ms4 ,velzquez1 ,mr4 ,david ,p4 ,roe of ,tennessee1 ,mr4 ,dunn1 ,mr4 ,banks1 ,mr4 ,curtis1 ,mr4 ,balderson1 ,mr4 ,burchett1 ,mr4 ,crow1 ,mr4 ,hagedorn1 ,mr4 ,bilirakis1 ,mr4 ,joyce of ,pennsylvania1 and ,mr4 ,stivers7 introduced the following bill2 which was referred to the ,committee on ,small ,business1 and in addition to the ,committee on ,veterans' ,affairs1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,november #ab1 #bjai;,additional sponsors3 ,mr4 ,kim1 ,mr4 ,peters1 ,mr4 ,golden1 ,mr4 ,spano1 and ,mr4 ,kevin ,hern of ,oklahoma ,november #ab1 #bjai ,reported from the ,committee on ,small ,business with an amendment ,strike out all after the enacting clause and insert the part printed in italic ,november #ab1 #bjai;,committee on ,veterans' ,affairs discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed,for text of introduced bill1 see copy of bill as introduced on ,march #g1 #bjai ,a ,,bill ,to transfer the responsibility of verifying small business concerns owned and controlled by veterans or service-disabled veterans to the ,small ,business ,administration1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,verification ,alignment and ,service-disabled ,business ,adjustment ,act or the ,,va-,,sba ,act4 7b7 ,table of ,contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,transfer date4 ,sec4 #c4 ,amendment to and transfer of veteran-owned and service-disabled veteran-owned business database4 ,sec4 #d4 ,additional requirements for database4 ,sec4 #e4 ,procurement program for small business concerns owned and controlled by service-disabled veterans4 ,sec4 #f4 ,certification for small business concerns owned and controlled by veterans4 ,sec4 #g4 ,status of self-certified small business concerns owned and controlled by service-disabled veterans4 ,sec4 #h4 ,transfer of the ,center for ,verification and ,evaluation of the ,department of ,veterans ,affairs to the ,small ,business ,administration4 ,sec4 #i4 ,report4 #b4 ,transfer date ,for purposes of this ,act1 the term transfer date means the date that is #b years after the date of enactment of this ,act1 except that such date may be extended an unlimited number of times by a period of not more than #f months if the ,administrator of the ,small ,business ,administration and the ,secretary of ,veterans ,affairs jointly issue a notice to ,congress and the ,law ,revision ,counsel of the ,house of ,representatives containing-- 7#a7 a certification that such extension is necessary2 7#b7 the rationale for and the length of such extension2 and 7#c7 a plan to comply with the requirements of this ,act within the timeframe of the extension4 #c4 ,amendment to and transfer of veteran-owned and service-disabled veteran-owned business database 7a7 ,amendment of veteran-,owned and service-,disabled veteran-,owned business database ,effective on the transfer date1 section #habg of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7e7-- 7,a7 by striking the ,secretary and inserting the ,administrator2 and 7,b7 by striking subsection 7f7 and inserting section #cf of the ,small ,business ,act2 7#b7 in subsection 7f7-- 7,a7 by striking the ,secretary each place such term appears1 other than in the last place such term appears under paragraph 7#b77;,a71 and inserting the ,administrator2 7,b7 in paragraph 7#a71 by striking small business concerns owned and controlled by veterans with service-connected disabilities each place such term appears and inserting small business concerns owned and controlled by service-disabled veterans2 7,c7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking to access and inserting to obtain from the ,secretary of ,veterans ,affairs2 and 7ii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,for purposes of this subsection-- 7i7 the ,secretary of ,veterans ,affairs shall-- 7,i7 verify an individual's status as a veteran or a service-disabled veteran2 and 7,,ii7 establish a system to permit the ,administrator to access1 but not alter1 such verification2 and 7ii7 the ,administrator shall verify-- 7,i7 the status of a business concern as a small business concern2 and 7,,ii7 the ownership and control of such business concern4 7,c7 ,the ,administrator may not certify a concern under subsection 7b7 or section #cf;,a if the ,secretary of ,veterans ,affairs cannot provide the verification described under subparagraph 7,b77i77,i74 2 7,d7 by striking paragraphs 7#d7 and 7#g72 7,e7 by redesignating paragraphs 7#e7 and 7#f7 as paragraphs 7#d7 and 7#e71 respectively1 and redesignating paragraph 7#h7 as paragraph 7#f72 7,f7 in paragraph 7#d71 as so redesignated1 by striking ,the ,secretary and inserting ,the ,administrator2 and 7,g7 in paragraph 7#f71 as so redesignated-- 7i7 in subparagraph 7,a7-- 7,i7 by striking verify the status of the concern as a small business concern or the ownership or control of the concern and inserting certify the status of the concern as a small business concern owned and controlled by veterans 7under section #cf;,a7 or a small business concern owned and controlled by service-disabled veterans 7under section #cf7;g772 and 7,,ii7 by striking verification and inserting certification2 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7i71 by striking small business concern owned and controlled by veterans with service-connected disabilities and inserting small business concern owned and controlled by service-disabled veterans2 and 7,,ii7 in clause 7ii7-- 7aa7 by amending subclause 7,i7 to read as follows3 7,i7 the ,secretary of ,veterans ,affairs or the ,administrator2 or 2 and 7bb7 in subclause 7,,ii71 by striking the contracting officer of the ,department and inserting the applicable contracting officer2 and 7iii7 by striking subparagraph 7,c72 7#c7 by redesignating subsection 7k7 7relating to definitions7 as subsection 7l72 7#d7 by inserting after subsection 7j7 7relating to annual reports7 the following3 7k7 ,annual transfer for certification costs ,for each fiscal year1 the ,secretary of ,veterans ,affairs shall reimburse the ,administrator in an amount necessary to cover any cost incurred by the ,administrator for certifying small business concerns owned and controlled by veterans that do not qualify as small business concerns owned and controlled by service-disabled veterans for the ,secretary for purposes of this section and section #habh of this title4 ,the ,administrator is authorized to accept such reimbursement4 ,the amount of any such reimbursement shall be determined jointly by the ,secretary and the ,administrator and shall be provided from fees collected by the ,secretary under multiple-award schedule contracts4 ,any disagreement about the amount shall be resolved by the ,director of the ,office of ,management and ,budget4 2 and 7#e7 subsection 7l7 7relating to definitions71 as so redesignated1 by adding at the end the following3 7#d7 ,the term ,administrator means the ,administrator of the ,small ,business ,administration4 4 7b7 ,transfer of requirements relating to database to the ,small ,business ,act ,effective on the transfer date1 subsection 7f7 of section #habg of title #ch1 ,united ,states ,code 7as amended by subsection 7a771 is transferred to section #cf of the ,small ,business ,act 7#ae ,u4,s4,c4 #feg;f71 inserted so as to appear after subsection 7e74 7c7 ,conforming amendments ,the following amendments shall take effect on the transfer date3 7#a7 ,small ,business ,act ,section #c7q77#b77;,c77i77,,iii7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7q77#b77;,c77i77,,iii77 is amended by striking section #habg7;f7 of title #ch1 ,united ,states ,code and inserting section #cf4 7#b7 ,title #ch ,section #habh of title #ch1 ,united ,states ,code1 is amended by striking section #habg7;f7 of this title and inserting section #cf of the ,small ,business ,act4 #d4 ,additional requirements for database 7a7 ,administration access to database before the transfer date ,during the period between the date of the enactment of this ,act and the transfer date1 the ,secretary of ,veterans ,affairs shall provide the ,administrator of the ,small ,business ,administration with access to the contents of the database described under section #habg7;f7 of title #ch1 ,united ,states ,code4 7b7 ,rule of construction ,nothing in this ,act or the amendments made by this ,act may be construed-- 7#a7 as prohibiting the ,administrator of the ,small ,business ,administration from combining the contents of the database described under section #habg7;f7 of title #ch1 ,united ,states ,code1 with other databases maintained by the ,administration2 or 7#b7 as requiring the ,administrator to use any system or technology related to the database described under section #habg7;f7 of title #ch1 ,united ,states ,code1 on or after the transfer date to comply with the requirement to maintain a database under subsection 7f7 of section #cf of the ,small ,business ,act 7as transferred pursuant to section #c7;b7 of this ,act74 7c7 ,recognition of the issuance of joint regulations ,the date specified under section #ahcb7;e7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7#ae ,u4,s4,c4 #fcb note7 shall be deemed to be ,october #a1 #bjah4 #e4 ,procurement program for small business concerns owned and controlled by service-disabled veterans 7a7 ,procurement program for small business concerns owned and controlled by service-,disabled veterans ,section #cf of the ,small ,business ,act 7#ae ,u4,s4,c4 #feg;f7 is amended-- 7#a7 by striking subsections 7d7 and 7e72 7#b7 by redesignating subsections 7a71 7b71 and 7c7 as subsections 7c71 7d71 and 7e7 respectively2 7#c7 by inserting before subsection 7c71 as so redesignated1 the following3 7a7 ,contracting officer defined ,for purposes of this section1 the term contracting officer has the meaning given such term in section #baja of title #da1 ,united ,states ,code4 7b7 ,certification of small business concerns owned and controlled by service-,disabled veterans ,with respect to a procurement program or preference established under this ,act that applies to prime contractors1 the ,administrator shall-- 7#a7 certify the status of the concern as a small business concern owned and controlled by service-disabled veterans2 and 7#b7 require the periodic recertification of such status4 2 7#d7 in subsection 7d71 as so redesignated1 by striking and that the award can be made at a fair market price and inserting 1 that the award can be made at a fair market price1 and if each concern is certified by the ,administrator as a small business concern owned and controlled by service-disabled veterans2 and 7#e7 by adding at the end the following3 7g7 ,certification requirement ,notwithstanding subsection 7c71 a contracting officer may only award a sole source contract to a small business concern owned and controlled by service-disabled veterans or a contract on the basis of competition restricted to small business concerns owned and controlled by service-disabled veterans if such a concern is certified by the ,administrator as a small business concern owned and controlled by service-disabled veterans4 7h7 ,enforcement2 penalties 7#a7 ,verification of eligibility ,in carrying out this section1 the ,administrator shall establish procedures relating to-- 7,a7 the filing1 investigation1 and disposition by the ,administration of any challenge to the eligibility of a small business concern to receive assistance under this section 7including a challenge1 filed by an interested party1 relating to the veracity of a certification made or information provided to the ,administration by a small business concern under subsection 7b772 and 7,b7 verification by the ,administrator of the accuracy of any certification made or information provided to the ,administration by a small business concern under subsection 7b74 7#b7 ,examinations 7,a7 ,examination of applicants ,the procedures established under paragraph 7#a7 shall provide for a program of examinations by the ,administrator of any small business concern making a certification or providing information to the ,administrator under subsection 7b71 to determine the veracity of any statements or information provided as part of such certification or otherwise provided under subsection 7b74 7,b7 ,examination of certified concerns ,the procedures established under paragraph 7#a7 shall provide for the examination of risk-based samples of small business concerns certified under subsection 7b71 or of any small business concern that the ,administrator believes poses a particular risk or with respect to which the ,administrator receives specific and credible information alleging that the small business concern no longer meets eligibility requirements to be certified as a small business concern owned and controlled by service-disabled veterans4 7#c7 ,penalties ,in addition to the penalties described in section #af7;d71 any small business concern that is determined by the ,administrator to have misrepresented the status of that concern as a small business concern owned and controlled by service-disabled veterans for purposes of subsection 7b71 shall be subject to-- 7,a7 section #ajja of title #ah1 ,united ,states ,code2 7,b7 sections #cgbi through #cgcc of title #ca1 ,united ,states ,code2 and 7,c7 section #habg7;g7 of title #ch1 ,united ,states ,code4 7i7 ,provision of data ,upon the request of the ,administrator1 the head of any ,federal department or agency shall promptly provide to the ,administrator such information as the ,administrator determines to be necessary to carry out subsection 7b7 or to be able to certify the status of the concern as a small business concern owned and controlled by veterans under section #cf;,a4 4 7b7 ,penalties for misrepresentation ,section #af of the ,small ,business ,act 7#ae ,u4,s4,c4 #fde7 is amended-- 7#a7 in subsection 7d77#a7-- 7,a7 by striking 11 a and inserting 1 a small business concern owned and controlled by service-disabled veterans1 a small business concern owned and controlled by veterans1 a2 and 7,b7 in paragraph 7,a71 by striking #i1 #ae1 or #ca and inserting #h1 #i1 #ae1 #ca1 #cf1 or #cf;,a2 and 7#b7 in subsection 7e71 by striking 11 a and inserting 1 a small business concern owned and controlled by service-disabled veterans1 a small business concern owned and controlled by veterans1 a4 #f4 ,certification for small business concerns owned and controlled by veterans ,the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq47 is amended by inserting after section #cf the following new section3 #cf;,a4 ,certification of small business concerns owned and controlled by veterans 7a7 ,in general ,with respect to the program established under section #habg of title #ch1 ,united ,states ,code1 the ,administrator shall-- 7#a7 certify the status of the concern as a small business concern owned and controlled by veterans2 and 7#b7 require the periodic recertification of such status4 7b7 ,enforcement2 penalties 7#a7 ,verification of eligibility ,in carrying out this section1 the ,administrator shall establish procedures relating to-- 7,a7 the filing1 investigation1 and disposition by the ,administration of any challenge to the eligibility of a small business concern to receive assistance under this section 7including a challenge1 filed by an interested party1 relating to the veracity of a certification made or information provided to the ,administration by a small business concern under subsection 7a772 and 7,b7 verification by the ,administrator of the accuracy of any certification made or information provided to the ,administration by a small business concern under subsection 7a74 7#b7 ,examination of applicants ,the procedures established under paragraph 7#a7 shall provide for a program of examinations by the ,administrator of any small business concern making a certification or providing information to the ,administrator under subsection 7a71 to determine the veracity of any statements or information provided as part of such certification or otherwise provided under subsection 7a74 7#c7 ,penalties ,in addition to the penalties described in section #af7;d71 any small business concern that is determined by the ,administrator to have misrepresented the status of that concern as a small business concern owned and controlled by veterans for purposes of subsection 7a71 shall be subject to-- 7,a7 section #ajja of title #ah1 ,united ,states ,code2 7,b7 sections #cgbi through #cgcc of title #ca1 ,united ,states ,code2 and 7,c7 section #habg7;g7 of title #ch1 ,united ,states ,code4 4 #g4 ,status of self-certified small business concerns owned and controlled by service-disabled veterans 7a7 ,in general ,notwithstanding any other provision of law1 any small business concern that self-certified as a small business concern owned and controlled by service-disabled veterans shall-- 7#a7 if the concern files a certification application with the ,administrator of the ,small ,business ,administration before the end of the #a-year period beginning on the transfer date1 maintain such self-certification until the ,administrator makes a determination with respect to such certification2 and 7#b7 if the concern does not file such a certification application before the end of the #a-year period beginning on the transfer date1 lose1 at the end of such #a-year period1 any self-certification of the concern as a small business concern owned and controlled by service-disabled veterans4 7b7 ,non-,applicability to ,department of ,veterans ,affairs ,subsection 7a7 shall not apply to participation in contracts 7including subcontracts7 with the ,department of ,veterans ,affairs4 7c7 ,notice ,the ,administrator shall notify any small business concern that self-certified as a small business concern owned and controlled by service-disabled veterans about the requirements of this ,act1 including the transfer date and any extension of such transfer date made pursuant to section #b1 and make such notice publicly available1 on-- 7#a7 the date of the enactment of this ,act2 and 7#b7 the date on which an extension described under section #b is approved4 #h4 ,transfer of the ,center for ,verification and ,evaluation of the ,department of ,veterans ,affairs to the ,small ,business ,administration 7a7 ,abolishment ,the ,center for ,verification and ,evaluation of the ,department of ,veterans ,affairs defined under section #gd4a of title #ch1 ,code of ,federal ,regulations1 is abolished effective on the transfer date4 7b7 ,transfer of functions ,all functions that1 immediately before the effective date of this section1 were functions of the ,center for ,verification and ,evaluation shall-- 7#a7 on the date of enactment of this ,act1 be functions of both the ,center for ,verification and ,evaluation and the ,small ,business ,administration1 except that the ,small ,business ,administration shall not have any authority to carry out any verification functions of the ,center for ,verification and ,evaluation2 and 7#b7 on the transfer date1 be functions of the ,small ,business ,administration4 7c7 ,transfer of assets ,so much of the personnel1 property1 records1 and unexpended balances of appropriations1 allocations1 and other funds employed1 used1 held1 available1 or to be made available in connection with a function transferred under this section shall be available to the ,small ,business ,administration at such time or times as the ,president directs for use in connection with the functions transferred4 7d7 ,references ,any reference in any other ,federal law1 ,executive order1 rule1 regulation1 or delegation of authority1 or any document of or pertaining to a function of the ,center for ,verification and ,evaluation that is transferred under this section is deemed1 after the transfer date1 to refer to the ,small ,business ,administration4 #i4 ,report ,not later than the end of the #a-year period beginning on the date of the enactment of this ,act1 and every #f months thereafter until the transfer date1 the ,administrator of the ,small ,business ,administration and ,secretary of ,veterans ,affairs shall jointly issue a report to the ,committees on ,appropriations1 ,small ,business1 and ,veterans' ,affairs of the ,house of ,representatives and the ,committees on ,appropriations1 ,small ,business and ,entrepreneurship1 and ,veterans' ,affairs of the ,senate on the planning for the transfer of functions and property required under this ,act and the amendments made by this ,act on the transfer date4 ,such report shall include-- 7#a7 whether and how the verification database and operations of the ,center for ,verification and ,evaluation of the ,department of ,veterans ,affairs will be incorporated into the existing certification database of the ,small ,business ,administration2 7#b7 projections for the numbers and timing1 in terms of fiscal year1 of-- 7,a7 already verified concerns that will come up for recertification2 and 7,b7 self-certified concerns that are expected to apply for certification2 7#c7 an explanation of how outreach to veteran service organizations1 the service-disabled veteran-owned and veteran-owned small business community1 and other stakeholders will be conducted2 and 7#d7 other pertinent information determined by the ,administrator and the ,secretary4 ,november #ab1 #bjai ,reported from the ,committee on ,small ,business with an amendment,november #ab1 #bjai;,committee on ,veterans' ,affairs discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed