I 
113TH CONGRESS 
2D SESSION 
H. R. 4281 
To amend title 38, United States Code, to improve the oversight of contracts 
awarded by the Secretary of Veterans Affairs to small business concerns 
owned and controlled by veterans. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 21, 2014 
Mr. HUELSKAMP introduced the following bill; which was referred to the 
Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to improve the 
oversight of contracts awarded by the Secretary of Vet-
erans Affairs to small business concerns owned and con-
trolled by veterans. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Business 
Opportunities for Veterans Act of 2014’’. 
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SEC. 2. CONTRACTS WITH SMALL BUSINESS CONCERNS 
OWNED AND CONTROLLED BY VETERANS. 
Section 8127 of title 38, United States Code, is 
amended— 
(1) by redesignating subsection (l) as subsection 
(m); and 
(2) by inserting after subsection (k) the fol-
lowing new subsection (l): 
‘‘(l) LIMITATIONS
ON
SUBCONTRACTING.—(1)(A) 
The requirements applicable to a small business concern 
under section 46 of the Small Business Act (15 U.S.C. 
657s) shall apply with respect to a small business concern 
owned and controlled by a veteran with a service-con-
nected disability or a small business concern owned and 
controlled by a veteran that is awarded a contract under 
this section. 
‘‘(B) For purposes of applying the requirements of 
section 46 of the Small Business Act (15 U.S.C. 657s) 
pursuant to subparagraph (A)— 
‘‘(i) a small business concern owned and con-
trolled by a veteran shall be treated as a small busi-
ness concern owned and controlled by a veteran with 
a service-connected disability; and 
‘‘(ii) the term ‘similarly situated entity’ used in 
such section 46 means a subcontractor for a small 
business concern owned and controlled by a veteran 
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with a service-connected disability or a small busi-
ness concern owned and controlled by a veteran de-
scribed in such subparagraph (A). 
‘‘(2) Upon awarding a contract to a small business 
concern under this section, the Secretary shall obtain from 
an offeror a certification that the offeror will comply with 
the requirements described in paragraph (1)(A) if award-
ed the contract. Such certification shall— 
‘‘(A) specify the exact performance require-
ments applicable under such paragraph; and 
‘‘(B) explicitly acknowledge that the certifi-
cation is subject to section 1001 of title 18. 
‘‘(3) If the Secretary determines that a small busi-
ness concern that is awarded a contract under this section 
did not act in good faith with respect to the requirements 
described in paragraph (1)(A), the small business concern 
shall be subject to the penalties specified in— 
‘‘(A) section 16(g)(1) of the Small Business Act 
(15 U.S.C. 645(g)(1)); and 
‘‘(B) section 1001 of title 18. 
‘‘(4)(A) The Director of the Office of Small and Dis-
advantaged Business Utilization established by section 
15(k) of the Small Business Act (15 U.S.C. 644(k)) and 
the Chief Acquisition Officer established under section 
1702 of title 41 shall jointly implement a process using 
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the systems described in section 16(g)(2) of the Small 
Business Act (15 U.S.C. 645(g)(2)), or any other systems 
available, to monitor compliance with this subsection. The 
Director and the Chief Acquisition Officer shall jointly 
refer any violations of this subsection to the Inspector 
General of the Department of Veterans Affairs. 
‘‘(B) The Inspector General shall submit to the Com-
mittees on Veterans’ Affairs of the House of Representa-
tives and the Senate an annual report that includes— 
‘‘(i) the number of referred violations received 
under subparagraph (A); and 
‘‘(ii) the disposition of such referred violations, 
including the number of small business concerns sus-
pended or debarred from Federal contracting or re-
ferred to the Attorney General for prosecution.’’. 
Æ 
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