Improving Opportunities for Service-Disabled Veteran-Owned Small Businesses Act of 2014 - (Sec. 2) Amends the Small Business Act to require the Administrator of the Small Business Administration (SBA) to enter into a memorandum of understanding with the Secretary of Veterans Affairs (VA) that transfers from the Secretary to the Administrator control and administration of a database of veteran-owned businesses. (Small business concerns owned and controlled by veterans and small business concerns owned and controlled by veterans with service-connected disabilities must be in that database to participate in the Veterans First program that gives VA contracting preferences to those businesses.)
Requires the Administrator to employ database fraud prevention measures that include: (1) the investigation of allegations of potential fraud, (2) the removal of unqualified businesses from the database, and (3) the referral of cases for prosecution when appropriate.
Requires any appeal by a small business of any determination of its status as a veteran-owned business to be heard by the SBA's Office of Hearings and Appeals.
Directs the Secretary, for the six years beginning on a date agreed to in the memorandum, to use fees the Secretary collects under multiple-award schedule contracts to reimburse the Administrator for the costs the Administrator incurs in implementing the memorandum.
Requires the Secretary and the Administrator, every 180 days, to: (1) meet to discuss ways to improve collaboration under the memorandum to increase opportunities for service-disabled veteran-owned small businesses and veteran-owned small businesses, (2) consult with congressionally-chartered Veterans Service Organizations to discuss ways to increase opportunities for those businesses, and (3) report to Congress on their progress in implementing the memorandum.
(Sec. 3) Requires the Secretary to enter into a memorandum of agreement with the SBA specifying the manner in which the Secretary shall notify the Administrator as to whether an individual is a veteran and if that veteran has a service-connected disability.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2882 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2882
To amend the Small Business Act and title 38, United States Code to
provide for a consolidated definition of a small business concern owned
and controlled by veterans, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 31, 2013
Mr. Coffman (for himself, Mr. Graves of Missouri, Mr. Miller of
Florida, Mr. Flores, Mr. Hanna, and Mr. Connolly) introduced the
following bill; which was referred to the Committee on Veterans'
Affairs, and in addition to the Committee on Small Business, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend the Small Business Act and title 38, United States Code to
provide for a consolidated definition of a small business concern owned
and controlled by veterans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Opportunities for Service-
Disabled Veteran-Owned Small Businesses Act of 2013''.
SEC. 2. SMALL BUSINESS DEFINTION OF SMALL BUSINESS CONCERN
CONSOLIDATED.
Section 3(q) of the Small Business Act (15 U.S.C. 632(q)) is
amended--
(1) in paragraph (2), to read as follows:
``(2) Small business concern owned and controlled by
service-disabled veterans.--The term `small business concern
owned and controlled by service-disabled veterans' means a
small business concern--
``(A)(i) not less than 51 percent of which is owned
by one or more service-disabled veterans or, in the
case of any publicly owned business, not less than 51
percent of the stock of which is owned by one or more
service-disabled veterans; and
``(ii) the management and daily business operations
of which are controlled by one or more service-disabled
veterans or, in the case of a veteran with permanent
and severe disability, the spouse or permanent
caregiver of such veteran; or
``(B) not less than 51 percent of which is owned by
one or more veterans with service-connected
disabilities that are permanent and total who are
unable to manage the daily business operations of such
concern or, in the case of a publicly owned business,
not less than 51 percent of the stock of which is owned
by one or more such veterans.''; and
(2) by adding at the end the following:
``(6) Treatment of businesses after death of veteran-
owner.--
``(A) In general.--Subject to subparagraph (C), if
the death of a service-disabled veteran causes a small
business concern to be less than 51 percent owned by
one or more such veterans, the surviving spouse of such
veteran who acquires ownership rights in such small
business concern shall, for the period described in
subparagraph (B), be treated as if the surviving spouse
were that veteran for the purpose of maintaining the
status of the small business concern as a small
business concern owned and controlled by service-
disabled veterans.
``(B) Period described.--The period referred to in
subparagraph (A) is the period beginning on the date on
which the service-disabled veteran dies and ending on
the earliest of the following dates:
``(i) The date on which the surviving
spouse remarries.
``(ii) The date on which the surviving
spouse relinquishes an ownership interest in
the small business concern.
``(iii) The date that is ten years after
the date of the veteran's death.
``(C) Application to surviving spouse.--
Subparagraph (A) only applies to a surviving spouse of
a veteran with a service-connected disability rated as
100 percent disabling or who dies as a result of a
service-connected disability.''.
SEC. 3. VETERANS AFFAIRS DEFINITION OF SMALL BUSINESS CONCERN
CONSOLIDATED.
Section 8127 of title 38, United States Code, is amended--
(1) by striking subsection (h); and
(2) in subsection (l)(2), by striking ``means'' and all
that follows through the period at the end and inserting the
following: ``has the meaning given that term under section 3(q)
of the Small Business Act (15 U.S.C. 632(q)).''.
SEC. 4. SBA TO ASSUME CONTROL OF VERIFICATION OF OWNERSHIP AND CONTROL
STATUS OF APPLICANTS FOR INCLUSION IN THE DATABASE OF
SMALL BUSINESSES OWNED AND CONTROLLED BY SERVICE DISABLED
VETERANS AND VETERANS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended by adding
at the end the following:
``SEC. 47. VETS FIRST PROGRAM.
``Not later than 180 days after the effective date of this section,
the Administrator shall enter into a memorandum of understanding with
the Secretary of Veterans Affairs that transfer control and
administration of the program under subsections (e) through (g) of
section 8127 of title 38, United States Code, to the Administrator,
consistent with the following:
``(1) Not later than 270 days after completing the
memorandum of understanding, the Administrator shall make rules
to carry out the memorandum. If the Administrator does not make
such rules by such date, the Administrator may not exercise the
authority under section 7(a)(25)(A) until such time as those
rules are made.
``(2) The Administrator shall assume authority and
responsibility for maintenance and operation of the database
and for verifications under the program.
``(3) Any appeal by a small business concern, at the time
that verification is denied or a contract is awarded, of any
determination under the program shall be heard by the Office of
Hearings and Appeals of the Small Business Administration.
``(4) The Secretary shall, for a period of 6 years
commencing on a date agreed to in the completed memorandum,
reimburse to the Administrator of the Small Business
Administration any costs incurred by the Administrator for
actions undertaken pursuant to the memorandum from fees
collected by the Secretary of Veteran Affairs under multiple-
award schedule contracts. Any disputes between the Secretary
and the Administrator shall be resolved by the Director of the
Office of Management and Budget''.
SEC. 5. MEMORANDUM OF UNDERSTANDING.
Section 8127(f) of title 38, United States Code, is amended by
adding at the end the following:
``(7) Not later than 180 days after the effective date of
this paragraph, the Secretary shall enter into a memorandum of
understanding with the Administrator of the Small Business
Administration consistent with section 47 of the Small Business
Act.''.
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Introduced in House
Introduced in House
Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Economic Opportunity.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Small Business. H. Rept. 113-662, Part I.
Reported (Amended) by the Committee on Small Business. H. Rept. 113-662, Part I.
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