Title: Protecting Business Opportunities for Veterans Act of 2017
Policy area: Armed Forces and National Security

Summary:
Protecting Business Opportunities for Veterans Act of 2017
This bill applies certain small business subcontracting limitations to a small business concern owned and controlled by a veteran or a veteran with a service-connected disability.
The Department of Veterans Affairs (VA) may award a contract only after obtaining a certification from the offeror that it will comply with such subcontracting limitations if awarded the contract. Such certification shall: (1) specify the applicable performance requirements, and (2) explicitly acknowledge that the certification is subject to criminal penalties for making false statements in any matter within the jurisdiction of the U.S. government.
The VA Director of Small and Disadvantaged Business Utilization and the VA Chief Acquisition Officer shall jointly refer any violation or suspected violation to the VA Inspector General.
If the VA determines that a contract recipient did not act in good faith, such recipient shall be subject to any or all of the following: (1) referral to the VA Debarment and Suspension Committee, (2) a criminal fine, and (3) criminal prosecution.
The Inspector General shall submit an annual report to the appropriate congressional committees that includes: (1) the number of referred violations and suspected violations; and (2) the disposition of such violations, including the number of small business concerns suspended or debarred from federal contracting or referred for Department of Justice prosecution.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2749 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 2749

  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, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 26, 2017

 Mr. Bergman (for himself and Ms. Kuster of New Hampshire) 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 Veterans Affairs to small 
   business concerns 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 ``Protecting Business Opportunities 
for Veterans Act of 2017''.

SEC. 2. LIMITATIONS ON SUBCONTRACTS UNDER CONTRACTS WITH SMALL BUSINESS 
              CONCERNS OWNED AND CONTROLLED BY VETERANS.

    (a) In General.--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 following new 
        subsection (l):
    ``(l) Limitations on Subcontracting.--(1)(A) The requirements 
applicable to a covered 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 veterans 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), 
the term `similarly situated entity' used in such section 46 includes a 
subcontractor for a small business concern owned and controlled by 
veterans described in such subparagraph (A).
    ``(2) The Secretary may award a contract under this section only 
after the Secretary obtains from the offeror a certification that the 
offeror will comply with the requirements described in paragraph (1)(A) 
if awarded the contract. Such certification shall--
            ``(A) specify the exact performance requirements applicable 
        under such paragraph; and
            ``(B) explicitly acknowledge that the certification is 
        subject to section 1001 of title 18.
    ``(3)(A) The Director of Small and Disadvantaged Business 
Utilization for the Department, established pursuant to section 15(k) 
of the Small Business Act (15 U.S.C. 644(k)), and the Chief Acquisition 
Officer of the Department, established pursuant to section 1702 of 
title 41, shall jointly implement a process using the systems described 
in section 16(g)(2) of the Small Business Act (15 U.S.C. 645(g)(2)), 
and any other relevant systems available, to monitor compliance with 
this subsection.
    ``(B) The Director of Small and Disadvantaged Business Utilization 
and the Chief Acquisition Officer shall jointly refer any violations or 
suspected violations of this subsection to the Inspector General of the 
Department.
    ``(C) If the Secretary determines, in consultation with the 
Inspector General of the Department, that a small business 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 any or all of the following 
consequences--
            ``(i) referral to the Debarment and Suspension Committee of 
        the Department;
            ``(ii) a fine under section 16(g)(1) of the Small Business 
        Act (15 U.S.C. 645(g)(1)); and
            ``(iii) prosecution for violating section 1001 of title 18.
    ``(D) Not later than November 30 of each year, the Inspector 
General shall submit to the Committees on Veterans' Affairs of the 
Senate and House of Representatives a report for the fiscal year 
preceding the fiscal year during which the report is submitted that 
includes, for the fiscal year covered by the report--
            ``(i) the number of referred violations and suspected 
        violations received under subparagraph (B); and
            ``(ii) the disposition of such referred violations, 
        including the number of small business concerns suspended or 
        debarred from Federal contracting or referred to the Attorney 
        General for prosecution.''.
    (b) Effective Date.--Subsection (l) of section 8127 of title 38, 
United States Code, as added by subsection (a) shall apply with respect 
to a contract entered into after the date of the enactment of this Act.
                                 <all>