The 2017 National Defense Authorization Act (“NDAA”), Pub. L. No. 114-328, which was signed into law on December 23, 2016, contains several notable changes to the current structure of the U.S. Department of Veterans Affairs’ (“VA”) program for veteran-owned small businesses and service-disabled veteran-owned small businesses (collectively, “SDVOSBs”). As part of an effort to provide uniformity between SBA’s and VA’s SDVOSB rules and programs, Congress has expanded the jurisdiction of SBA’s Of?ce of Hearings and Appeals (“OHA”) to hear appeals from certain SDVOSB decisions by VA. However, the language of the 2017 NDAA regarding these changes raises more questions than it answers.
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