Protecting Business Opportunities for Veterans Act of 2019
PL 116-183 (H.R.561), enacted 10/30/2020

[116th Congress Public Law 183]
[From the U.S. Government Publishing Office]



[[Page 134 STAT. 895]]

Public Law 116-183
116th Congress

                                 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. <<NOTE: Oct. 30, 2020 -  [H.R. 561]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Protecting 
Business Opportunities for Veterans Act of 2019. 38 USC 101 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Business Opportunities for 
Veterans Act of 2019''.
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 (k) as subsection (l); and
            (2) by inserting after subsection (j) the following new 
        subsection (k):

    ``(k) <<NOTE: Applicability.>>  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) <<NOTE: Applicability. Definition.>>  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) <<NOTE: Certification. Compliance.>>  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) <<NOTE: Applicability.>>  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.

[[Page 134 STAT. 896]]

    ``(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) <<NOTE: Determination. Consultation.>>  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) <<NOTE: Deadline. Time periods. Reports.>>  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) <<NOTE: 38 USC 8127 note.>>  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.

    Approved October 30, 2020.

LEGISLATIVE HISTORY--H.R. 561 (S. 3282):
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CONGRESSIONAL RECORD, Vol. 166 (2020):
            Feb. 25, considered and passed House.
            Sept. 30, considered and passed Senate.

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