Sec. 862. Transfer of verification of small business concerns owned and controlled by veterans or service-disabled veterans to the Small Business Administration

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For purposes of this section, the term transfer date means the date that is 2 years after the date of enactment of this Act. Effective on the transfer date, section 8127 of title 38, United States Code, is amended— in subsection (e), by striking the Secretary under subsection

(f)and inserting the Administrator under section 36 of the Small Business Act ; in subsection (f)— by striking the Secretary each place it appears, except in the last place it appears in paragraph (2)(A), and inserting the Administrator ; in paragraph (1), by striking small business concerns owned and controlled by veterans with service-connected disabilities and inserting small business concerns owned and controlled by service-disabled veterans ; in paragraph (2)— in subparagraph (A)— by striking to access and inserting to obtain from the Secretary of Veterans Affairs ; and by inserting , United States Code, after title 5 ; and by striking subparagraph

(B)and inserting the following: For purposes of this subsection— the Secretary of Veterans Affairs shall— verify an individual’s status as a veteran or a service-disabled veteran; and establish a system to permit the Administrator to access, but not alter, the verification of such status; and the Administrator shall verify— the status of a business concern as a small business concern; and the ownership and control of such business concern. The Administrator may not certify a concern under subsection

(b)or section 36A if the Secretary of Veterans Affairs cannot provide the verification described under subparagraph (B)(i)(I). ; in paragraph (3), by striking such veterans and inserting a veteran described in paragraph

(1); by striking paragraphs

(4)and (7); by redesignating paragraphs

(5)and

(6)as paragraphs

(4)and (5), respectively, and redesignating paragraph

(8)as paragraph (6); in paragraph (4), as so redesignated, by striking The Secretary and inserting The Administrator ; and in paragraph (6), as so redesignated— in subparagraph (A)— by striking verify the status of the concern as a small business concern or the ownership or control of the concern and inserting certify the status of the concern as a small business concern owned and controlled by veterans (under section 36A) or a small business concern owned and controlled by service-disabled veterans (under subsection

(g)of this section) ; by striking verification and inserting certification ; and by striking the Small Business Administration (as established under section 5(i) of the Small Business Act) and inserting the Administration (as established under section 5(i)) ; in subparagraph (B)— in clause (i)— by striking small business concern owned and controlled by veterans with service-connected disabilities and inserting small business concern owned and controlled by service-disabled veterans ; and by striking of the Small Business Administration ; and in clause (ii)— by amending subclause

(I)to read as follows: the Secretary of Veterans Affairs or the Administrator; or ; and in subclause (II), by striking the contracting officer of the Department and inserting the applicable contracting officer ; and by striking subparagraph (C); by redesignating subsections

(k)(relating to limitations on subcontracting) and

(l)(relating to definitions) as subsections

(l)and (m), respectively; by inserting after subsection

(j)(relating to annual reports) the following new subsection: For each fiscal year, the Secretary of Veterans Affairs shall reimburse the Administrator in an amount necessary to cover any cost incurred by the Administrator for certifying small business concerns owned and controlled by veterans that do not qualify as small business concerns owned and controlled by service-disabled veterans for the Secretary for purposes of this section and section 8128 of this title. The Administrator is authorized to accept such reimbursement. The amount of any such reimbursement shall be determined jointly by the Secretary and the Administrator and shall be provided from fees collected by the Secretary under multiple-award schedule contracts. Any disagreement about the amount shall be resolved by the Director of the Office of Management and Budget. ; and in subsection

(m)(relating to definitions), as so redesignated— by redesignating paragraphs (1), (2), and

(3)as paragraphs (2), (3), and (4), respectively; and by inserting before paragraph (2), as so redesignated, the following new paragraph: The term Administrator means the Administrator of the Small Business Administration. . Effective on the transfer date, subsection

(f)of section 8127 of title 38, United States Code (as amended by paragraph (1)), is transferred to section 36 of the Small Business Act ( 15 U.S.C. 657f ), and inserted so as to appear after subsection (e). The following amendments shall take effect on the transfer date: Section 3(q)(2)(C)(i)(III) of the Small Business Act ( 15 U.S.C. 632(q)(2)(C)(i)(III) ) is amended by striking section 8127(f) of title 38, United States Code and inserting section 36 . Section 8128 of title 38, United States Code, is amended by striking maintained by the Secretary under section 8127(f) of this title and inserting maintained by the Administrator of the Small Business Administration under section 36 of the Small Business Act . During the period between the date of the enactment of this Act and the transfer date, the Secretary of Veterans Affairs shall provide the Administrator of the Small Business Administration with access to the contents of the database described under section 8127(f) of title 38, United States Code. Nothing in this section or the amendments made by this section may be construed— as prohibiting the Administrator of the Small Business Administration from combining the contents of the database described under section 8127(f) of title 38, United States Code, with other databases maintained by the Administration; or as requiring the Administrator to use any system or technology related to the database described under section 8127(f) of title 38, United States Code, on or after the transfer date to comply with the requirement to maintain a database under subsection

(f)of section 36 of the Small Business Act (as transferred pursuant to subsection (b)(2) of this section). The date specified under section 1832(e) of the National Defense Authorization Act for Fiscal Year 2017 ( 15 U.S.C. 632 note) shall be deemed to be October 1, 2018. Section 36 of the Small Business Act ( 15 U.S.C. 657f ) is amended— by redesignating subsection

(d)as paragraph (3), adjusting the margin accordingly, and transferring such paragraph to subsection

(h)of such section, as added by subparagraph

(F)of this paragraph, so as to appear after paragraph (2); by striking subsection (e); by redesignating subsections (a), (b), and

(c)as subsections (c), (d), and

(e)respectively; by inserting before subsection (c), as so redesignated, the following new subsections: For purposes of this section, the term contracting officer has the meaning given such term in section 2101 of title 41, United States Code. With respect to a procurement program or preference established under this Act that applies to prime contractors, the Administrator shall— certify the status of a concern as a small business concern owned and controlled by service-disabled veterans; and require the periodic recertification of such status. ; in subsection (d), as so redesignated, by inserting certified under subsection

(b)before if the contracting officer ; by adding at the end the following new subsections: Notwithstanding subsection (c), a contracting officer may only award a sole source contract to a small business concern owned and controlled by service-disabled veterans or a contract on the basis of competition restricted to small business concerns owned and controlled by service-disabled veterans if such a concern is certified by the Administrator as a small business concern owned and controlled by service-disabled veterans. In carrying out this section, the Administrator shall establish procedures relating to— the filing, investigation, and disposition by the Administration of any challenge to the eligibility of a small business concern to receive assistance under this section (including a challenge, filed by an interested party, relating to the veracity of a certification made or information provided to the Administration by a small business concern under subsection (b)); and verification by the Administrator of the accuracy of any certification made or information provided to the Administration by a small business concern under subsection (b). The procedures established under paragraph

(b)or to be able to certify the status of the concern as a small business concern owned and controlled by veterans under section 36A. ; and in paragraph

(3)of subsection (h), as redesignated and transferred by subparagraph

(A)of this paragraph, by inserting and section 36A before the period at the end. Section 16 of the Small Business Act ( 15 U.S.C. 645 ) is amended— in subsection (d)(1)— in the matter preceding subparagraph (A)— by striking the comma that immediately follows another comma; and by striking , a ‘small and inserting , a ; and small business concern owned and controlled by service-disabled veterans , a small business concern owned and controlled by veterans , a ‘small in subparagraph (A), by striking 9, 15, or 31 and inserting 8, 9, 15, 31, 36, or 36A ; and in subsection (e)— by striking the comma that immediately follows another comma; and by striking , a ‘small and inserting , a . small business concern owned and controlled by service-disabled veterans , a small business concern owned and controlled by veterans , a ‘small The Small Business Act ( 15 U.S.C. 631 et seq.) is amended by inserting after section 36 the following new section: With respect to the program established under section 8127 of title 38, United States Code, the Administrator shall— certify the status of a concern as a small business concern owned and controlled by veterans; and require the periodic recertification of such status. In carrying out this section, the Administrator shall establish procedures relating to— the filing, investigation, and disposition by the Administration of any challenge to the eligibility of a small business concern to receive assistance under section 36 (including a challenge, filed by an interested party, relating to the veracity of a certification made or information provided to the Administration by a small business concern under subsection (a)); and verification by the Administrator of the accuracy of any certification made or information provided to the Administration by a small business concern under subsection (a). The procedures established under paragraph

(1)shall provide for a program of examinations by the Administrator of any small business concern making a certification or providing information to the Administrator under subsection (a), to determine the veracity of any statements or information provided as part of such certification or otherwise provided under subsection (a). . Notwithstanding any other provision of law, any small business concern (as defined under section 3 of the Small Business Act ( 15 U.S.C. 632 )) that self-certified as a small business concern owned and controlled by service-disabled veterans (as defined in section 36 of such Act ( 15 U.S.C. 657f )) shall— if the concern files a certification application with the Administrator of the Small Business Administration before the end of the 1-year period beginning on the transfer date, maintain such self-certification until the Administrator makes a determination with respect to such certification; and if the concern does not file such a certification application before the end of the 1-year period beginning on the transfer date, lose, at the end of such 1-year period, any self-certification of the concern as a small business concern owned and controlled by service-disabled veterans. Paragraph

(1)shall not apply to participation in contracts (including subcontracts) with the Department of Veterans Affairs. The Administrator shall notify any small business concern that self-certified as a small business concern owned and controlled by service-disabled veterans about the requirements of this section and the amendments made by this section, including the transfer date, and make such notice publicly available, on the date of the enactment of this Act. In this subsection, the term function — means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and does not include employees. The Center for Verification and Evaluation of the Department of Veterans Affairs, as defined under section 74.1 of title 38, Code of Federal Regulations, is abolished effective on the transfer date. Effective on the transfer date, all functions that, immediately before the transfer date, were functions of the Center for Verification and Evaluation shall be functions of the Small Business Administration. So much of the property (including contracts for the procurement of property or services) and records used, held, available, or to be made available in connection with a function transferred under this subsection shall be available to the Small Business Administration at such time or times as the President directs for use in connection with the functions transferred. All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions— which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this subsection; and which are in effect on the transfer date, or were final before the transfer date and are to become effective on or after the transfer date, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Administrator of the Small Business Administration or other authorized official, a court of competent jurisdiction, or by operation of law. The provisions of this subsection shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Department of Veterans Affairs on the transfer date, with respect to functions transferred by this subsection but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this subsection had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subparagraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this subsection had not been enacted. The provisions of this subsection shall not affect suits commenced before the transfer date, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this subsection had not been enacted. No suit, action, or other proceeding commenced by or against the Department of Veterans Affairs, or by or against any individual in the official capacity of such individual as an officer of the Department of Veterans Affairs, shall abate by reason of the enactment of this subsection. Any administrative action relating to the preparation or promulgation of a regulation by the Department of Veterans Affairs relating to a function transferred under this subsection may be continued by the Administrator of the Small Business Administration with the same effect as if this subsection had not been enacted. The Secretary of Veterans Affairs shall appoint any employee represented by a labor organization accorded exclusive recognition under section 7111 of title 5, United States Code, that is affected by the transfer of functions under this subsection to a position of a continuing nature for which the employee is qualified, at a grade and compensation not lower than the current grade and compensation of the employee. Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a function of the Center for Verification and Evaluation that is transferred under this subsection is deemed, after the transfer date, to refer to the Small Business Administration. eport Not later than 1 year after the date of the enactment of this Act, and every 6 months thereafter until the transfer date, the Administrator of the Small Business Administration and Secretary of Veterans Affairs shall jointly submit to the Committee on Appropriations, the Committee on Small Business, and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Appropriations, the Committee on Small Business and Entrepreneurship, and the Committee on Veterans’ Affairs of the Senate a report on the planning for the transfer of functions and property required under this section and the amendments made by this section on the transfer date, which shall include— a discussion of whether and how the verification database and operations of the Center for Verification and Evaluation of the Department of Veterans Affairs will be incorporated into the existing certification database of the Small Business Administration; projections for the numbers and timing, in terms of fiscal year, of— already verified concerns that will come up for recertification; and self-certified concerns that are expected to apply for certification; an explanation of how outreach to veteran service organizations, the service-disabled veteran-owned and veteran-owned small business community, and other stakeholders will be conducted; and other pertinent information determined by the Administrator and the Secretary.

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Sec. 862

Transfer of verification of small business concerns owned and controlled by veterans or service-disabled veterans to the Small Business Administration

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