I 

111TH CONGRESS 

1ST SESSION H. R. 4125 

To amend the Small Business Act to improve services for small business 

concerns owned and controlled by service-disabled veterans, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 19, 2009 

Mr. NYE (for himself, Mr. ELLSWORTH, Ms. VELA ́ZQUEZ, Mr. SCHRADER, Mr. 

ALTMIRE, Ms. CLARKE, Mrs. KIRKPATRICK of Arizona, Ms. BEAN, and 

Mrs. DAHLKEMPER) introduced the following bill; which was referred to 

the Committee on Small Business 

A BILL 

To amend the Small Business Act to improve services for 

small business concerns owned and controlled by servicedisabled veterans, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Service Disabled Vet5 eran-Owned Small Business Procurement Reform Act of 

6 2009’’. 


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1 SEC. 2. PROCUREMENT REFORM RELATING TO SMALL 

2 BUSINESS CONCERNS OWNED AND CON3 TROLLED BY SERVICE-DISABLED VETERANS. 

4 The Small Business Act (15 U.S.C. 631 et seq.) is 

5 amended— 

6 (1) by redesignating section 44 as section 45; 

7 and 

8 (2) by inserting after section 43 the following: 

9 ‘‘SEC. 44. PROCUREMENT REFORM RELATING TO SMALL 

10 BUSINESS CONCERNS OWNED AND CON11 TROLLED BY SERVICE-DISABLED VETERANS. 

12 ‘‘(a) PENALTIES FOR MISREPRESENTATION.—Who13 ever misrepresents the status of any concern or person as 

14 a ‘small business concern owned and controlled by service15 disabled veterans’ in order to obtain for oneself or another 

16 any contract under section 36 shall be subject to the pen17 alties specified in section 16(d). 

18 ‘‘(b) OFFICE OF SERVICE DISABLED VETERAN19 OWNED SMALL BUSINESS PROCUREMENT.— 

20 ‘‘(1) ESTABLISHMENT.—The Administrator 

21 shall establish within the Administration an Office of 

22 Service Disabled Veteran-Owned Small Business 

23 Procurement (in this subsection referred to as the 

24 ‘office’) to carry out the duties specified in para25 graph (3). 


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1 ‘‘(2) DEPUTY ASSOCIATE ADMINISTRATOR.— 

2 The Administrator shall appoint a Deputy Associate 

3 Administrator to be the head of the office. 

4 ‘‘(3) DUTIES.—The duties of the office are the 

5 following: 

6 ‘‘(A) Provide oversight with respect to the 

7 procurement program for small business con8 cerns owned and controlled by service-disabled 

9 veterans established under section 36. 

10 ‘‘(B) Report to the Administrator on the 

11 performance of such program. 

12 ‘‘(c) OFFICE OF SERVICE DISABLED VETERAN13 OWNED SMALL BUSINESS DEVELOPMENT.— 

14 ‘‘(1) ESTABLISHMENT.—The Administrator 

15 shall establish within the Administration an Office of 

16 Service Disabled Veteran-Owned Small Business De17 velopment (in this subsection referred to as the ‘of18 fice’) to carry out the duties specified in paragraph 

19 (3). 

20 ‘‘(2) DEPUTY ASSOCIATE ADMINISTRATOR.— 

21 The Administrator shall appoint a Deputy Associate 

22 Administrator to be the head of the office. Such 

23 Deputy Associate Administrator shall report to the 

24 Associate Administrator for Veterans Business De25 velopment appointed under section 4(b)(1). 


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1 ‘‘(3) DUTIES.—The duties of the office are the 

2 following: 

3 ‘‘(A) Promote business opportunities for 

4 small business concerns owned and controlled 

5 by service-disabled veterans. 

6 ‘‘(B) Establish a database of small busi7 ness concerns owned and controlled by service8 disabled veterans. 

9 ‘‘(C) Establish eligibility criteria for the in10 clusion of small business concerns in the data11 base under subparagraph (B). 

12 ‘‘(D) Update at least every 3 months the 

13 database under subparagraph (B). 

14 ‘‘(d) VETERANS PROCUREMENT SPECIALISTS.— 

15 ‘‘(1) APPOINTMENT.—The Administrator shall 

16 appoint in each regional office of the Administration 

17 a veterans procurement specialist. 

18 ‘‘(2) DUTIES.—A veterans procurement spe19 cialist shall— 

20 ‘‘(A) assist the Deputy Associate Adminis21 trator appointed under subsection (a)(2) to pro22 vide oversight with respect to the procurement 

23 program for small business concerns owned and 

24 controlled by service-disabled veterans estab25 lished under section 36; and 


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1 ‘‘(B) assist the Deputy Associate Adminis2 trator appointed under subsection (b)(2) to pro3 mote business opportunities for small business 

4 concerns owned and controlled by service-dis5 abled veterans. 

6 ‘‘(e) PROTEST OF CONTRACTS.—A small business 

7 concern owned and controlled by service-disabled veterans 

8 may protest to the Administrator the awarding of any con9 tract pursuant to section 36.’’. 

Æ 


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