This bill amends the Small Business Act to allow a service-disabled veteran's small business to temporarily retain its special status for up to three years after the veteran's death if a surviving child assumes ownership.
Barry Moore
Representative
AL-1
This bill amends the Small Business Act to allow small businesses previously certified as being owned by a service-disabled veteran to temporarily retain that status after the veteran's death. This provision applies if a surviving child of the veteran inherits the ownership stake. The special status remains in effect for up to three years or until the child transfers their ownership interest.
This legislation aims to smooth the transition for small businesses certified as being owned by a service-disabled veteran when that veteran passes away. Simply put, if a veteran owner dies, the business doesn't immediately lose its valuable certification—a status that often unlocks key government contracts. Instead, the business gets a temporary pass, provided a biological or legally adopted child of the veteran steps in to take over the ownership share.
Think of this as a critical lifeline for a family business facing a sudden loss. Historically, if the veteran’s ownership stake dropped below 51%—which happens automatically upon death—the business could instantly lose its status. This bill (Sec. 1) changes that. If the business was properly listed in the federal database before the veteran’s death, the surviving child who inherits the stake can keep the status going for up to three years. This grace period ends either when the child sells their ownership interest or three years after the veteran’s death, whichever comes first.
For businesses relying on government contracts—say, a construction firm or an IT service provider—losing veteran status overnight can be catastrophic. It means losing eligibility for set-aside contracts that are often the backbone of their revenue. This three-year window gives the surviving family time to figure things out: stabilize operations, find a qualified buyer, or potentially transition the business to a new form of ownership without the immediate financial pressure of losing their primary contracting advantage. It’s a practical measure that honors the veteran’s contribution by protecting the legacy they built.
While this is a clear benefit for the veteran's family and the business itself, it does mean that the business will continue to compete for veteran set-aside contracts during those three years, even if it’s no longer majority-owned and controlled by a veteran. This might slightly frustrate other, fully qualified veteran-owned businesses, as the competition pool remains slightly larger than it otherwise would be. However, the bill is clear and time-limited, preventing the status from being exploited indefinitely. It’s a measured trade-off: ensuring family continuity versus maintaining the purest definition of veteran ownership immediately after a death. Because the bill is so clear on the time limit and the definition of a "surviving child" (biological or legally adopted), implementation should be straightforward for the Small Business Administration.