Protecting Business Opportunities for Veterans Act of 2019

Bill: 116-hr-561
Sponsor: full_name: Rep. Bergman, Jack [R-MI-1]
Introduced: 2019-01-15
Policy area: Armed Forces and National Security
Subjects: Congressional oversight

Criminal investigation, prosecution, interrogation

Disability and paralysis

Fraud offenses and financial crimes

Government studies and investigations

Minority and disadvantaged businesses

Public contracts and procurement

Small business

Veterans' education, employment, rehabilitation
Latest action: action_date: 2020-10-30
text: Became Public Law No: 116-183.

Summaries:
action_date: 2019-01-15
action_desc: Introduced in House
text: <p><b>Protecting Business Opportunities for Veterans Act of 2019</b></p> <p>This bill applies certain small business subcontracting limitations to contracts that the Department of Veterans Affairs (VA) awards to a small business concern owned and controlled by a veteran or a veteran with a service-connected disability. </p> <p>The VA may award such 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 specify the applicable performance requirements and 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 bill also specifies limitations for contracts for supplies from a regular dealer that have been granted a waiver from the requirement to supply the product of a domestic small business manufacturer or processor. </p> <p>The VA Director of Small and Disadvantaged Business Utilization and the VA Chief Acquisition Officer shall jointly monitor compliance and refer any violation or suspected violation to the VA Inspector General.</p> <p>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.</p> <p>The Inspector General shall report on (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.</p>

action_date: 2020-02-25
action_desc: Passed House
text: <p><b>Protecting Business Opportunities for Veterans Act of 2019</b></p> <p>This bill applies certain small business subcontracting limitations to contracts that the Department of Veterans Affairs (VA) awards to a small business concern owned and controlled by a veteran or a veteran with a service-connected disability. </p> <p>The VA may award such 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 specify the applicable performance requirements and 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.</p> <p>The VA Director of Small and Disadvantaged Business Utilization and the VA Chief Acquisition Officer shall jointly monitor compliance and refer any violation or suspected violation to the VA Inspector General.</p> <p>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.</p> <p>The Inspector General shall report on (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.</p>

action_date: 2020-09-30
action_desc: Passed Senate
text: <p><b>Protecting Business Opportunities for Veterans Act of 2019</b></p> <p>This bill applies certain small business subcontracting limitations to contracts that the Department of Veterans Affairs (VA) awards to a small business concern owned and controlled by a veteran or a veteran with a service-connected disability. </p> <p>The VA may award such 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 specify the applicable performance requirements and 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.</p> <p>The VA Director of Small and Disadvantaged Business Utilization and the VA Chief Acquisition Officer shall jointly monitor compliance and refer any violation or suspected violation to the VA Inspector General.</p> <p>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.</p> <p>The Inspector General shall report on (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.</p>

action_date: 2020-10-30
action_desc: Public Law
text: <p><b>Protecting Business Opportunities for Veterans Act of 2019</b></p> <p>This bill applies certain small business subcontracting limitations to contracts that the Department of Veterans Affairs (VA) awards to a small business concern owned and controlled by a veteran or a veteran with a service-connected disability. </p> <p>The VA may award such 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 specify the applicable performance requirements and 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.</p> <p>The VA Director of Small and Disadvantaged Business Utilization and the VA Chief Acquisition Officer shall jointly monitor compliance and refer any violation or suspected violation to the VA Inspector General.</p> <p>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.</p> <p>The Inspector General shall report on (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.</p>

tv_txt: I 116th CONGRESS 1st Session H. R. 561 IN THE HOUSE OF REPRESENTATIVES January 15, 2019 Mr. Bergman (for himself, Ms. Kuster of New Hampshire , and Mr. Dunn ) 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.

1. Short title This Act may be cited as the Protecting Business Opportunities for Veterans Act of 2019 . 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 (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection (k): (k) 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. In the case of a contract which is principally for supplies from a regular dealer in such supplies and for which the Administrator of the Small Business Administration has granted a waiver pursuant to subsection (a)(4)(B) of such section, a small business concern owned and controlled by veterans that is awarded such a contract under this section may not expend on subcontractors more than 50 percent of the amount paid to the concern under the contract. (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 for each of fiscal years 2020 through 2024, 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) Application Subsection (k) 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.

tv_txt: I 116th CONGRESS 2d Session H. R. 561 IN THE HOUSE OF REPRESENTATIVES AN ACT 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.

1. Short title This Act may be cited as the Protecting Business Opportunities for Veterans Act of 2019 . 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 (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection (k): (k) 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 for each of fiscal years 2021 through 2025, 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) Application Subsection (k) 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.

Passed the House of Representatives February 25, 2020. Cheryl L. Johnson, Clerk.

tv_txt: IIB 116th CONGRESS 2d Session H. R. 561 IN THE SENATE OF THE UNITED STATES February 27, 2020 Received; read twice and referred to the Committee on Veterans' Affairs AN ACT 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.

1. Short title This Act may be cited as the Protecting Business Opportunities for Veterans Act of 2019 . 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 (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection (k): (k) 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 for each of fiscal years 2021 through 2025, 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) Application Subsection (k) 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.

Passed the House of Representatives February 25, 2020. Cheryl L. Johnson, Clerk

tv_txt: I One Hundred Sixteenth Congress of the United States of America At the Second Session Begun and held at the City of Washington on Friday, the third day of January, two thousand and twenty H. R. 561 AN ACT 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.

1. Short title This Act may be cited as the Protecting Business Opportunities for Veterans Act of 2019 . 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 (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection (k): (k) 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 for each of fiscal years 2021 through 2025, 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) Application Subsection (k) 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.

Speaker of the House of Representatives. Vice President of the United States and President of the Senate.