S.Amdt. 506

SA 506. Ms. ERNST submitted an amendment intended to be proposed by
her to the bill S. 2226, to authorize appropriations for fiscal year
2024 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title VIII of division A, add
the following:

SEC. 849. ELIMINATING SELF-CERTIFICATION FOR SERVICE-DISABLED
VETERAN-OWNED SMALL BUSINESSES.

(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Small business concern; small business concerns owned
and controlled by service-disabled veterans.--The terms
``small business concern'' and ``small business concerns
owned and controlled by service-disabled veterans'' have the
meanings given those terms in section 3 of the Small Business
Act (15 U.S.C. 632).
(b) Eliminating Self-Certification in Prime Contracting and
Subcontracting for SDVOSBs.--
(1) In general.--Each prime contract award and subcontract
award that is counted for the purpose of meeting the goals
for participation by small business concerns owned and
controlled by service-disabled veterans in procurement
contracts for Federal agencies, as established in section
15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)),
shall be entered into with small business concerns certified
by the Administrator as small business concerns owned and
controlled by service-disabled veterans under section 36 of
such Act (15 U.S.C. 657f).
(2) Effective date.--Paragraph (1) shall take effect on
October 1 of the fiscal year beginning after the
Administrator promulgates the regulations required under
subsection (d).
(c) Phased Approach to Eliminating Self-Certification for
SDVOSBs.--Notwithstanding any other provision of law, any
small business concern that self-certified as a small
business concern owned and controlled by service-disabled
veterans may--
(1) if the small business concern files a certification
application with the Administrator before the end of the 1-
year period beginning on the date of enactment of this Act,
maintain such self-certification until the Administrator
makes a determination with respect to such certification; and
(2) if the small business concern does not file a
certification application before the end of the 1-year period
beginning on the date of enactment of this Act, lose, at the
end of such 1-year period, any self-certification of the
small business concern as a small business concern owned and
controlled by service-disabled veterans.
(d) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall promulgate
regulations to carry out this section.
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