H.R. 3945

Improving Opportunities for Service-Disabled Veteran-Owned Small Businesses Act of 2015

This bill amends the Small Business Act to expand the definition of "small business concern owned and controlled by service-disabled veterans" for purposes of federal agencies awarding small business contracts pursuant to Small Business Administration (SBA) programs to include:

• a small business concern not less than 51% of which is owned by one or more veterans with service-connected disabilities that are permanent and total who are unable to manage the daily business operations of such concern; or
• in the case of a publicly owned business, a small business concern not less than 51% of the stock of which is owned by one or more such veterans. (Currently, such veterans with permanent and total disabilities are provided for in a separate small business program under veterans' benefits laws carried out by the Department of Veterans Affairs [VA].)

The VA definition of "small business concern owned and controlled by veterans" is revised to be the same as the SBA definition of such term, thereby making the eligibility requirements for participation in veteran-owned small business contracting programs consistent for both SBA programs and VA programs.

The VA, when listing small businesses in the database of small business concerns owned and controlled by veterans and the veteran owners of such business concerns, must use SBA regulations with respect to a concern's small business status and the ownership and control of it.

If the VA does not verify a concern for inclusion in its database based on its status as a small business or its ownership or control, the concern may appeal the denial to the SBA Office of Hearings and Appeals, whose decision shall be considered a final agency action.

The VA shall reimburse the SBA for fiscal year costs incurred by the Office of Hearings and Appeals for actions taken pursuant to this Act.